COVID-19 Response and Human Rights - Comments From the German and European Perspective
Thomas Schmitz · Proceedings of the 2nd International Conference of Law, Government and Social Justice (ICOLGAS 2020) · 2020
The coronavirus pandemic is a challenge for the constitutional state. The state must take measures to stop it but they have a serious impact on economic, social and private life and, thus, on human and fundamental rights. This contribution dicusses from the German and European perspective the classical human and fundamental rights questions raised by the COVID-19 restrictions but also the significance of the second dimension of these rights, the state's duties of protection (or positive obligations). Finally, it focuses on the decisive problems of the proportionality of the COVID-19 restrictions.