Human Rights and SARS-CoV-2 – some observations on a Public Emergency threating the Life of the Nation
Joanna Połatyńska · Rocznik Filozoficzno-Społeczny Civitas Hominibus · 2022
This paper tackles the issue of derogation of State’s international obligations in the field of human rights protection. Although derogation clauses are often included in human rights treaties, their application is regarded as an exception rather than a rule and undergo strict scrutiny as to their legality. It is universally acknowledged that such derogation is allowed in the most severe of circumstances, usually referred as “war or other public emergency threatening the life of the nation”. The Author therefore considers whether the global COVID-19 pandemic might be categorized as such and thereby justify the measures undertaken by States to stop the spread of the coronavirus.