Academic Scientific JournalsProtection of human rights within the EU during the pandemic of Covid-19
DOI:
https://doi.org/10.26881/gsp.2022.1.12Keywords:
protection of human rights, public health clause, Covid-19 pandemic, art. 8 ECHR, art. 35 EU Charter of Fundamental RightsAbstract
The paper deals with protection of human rights within the European Union during the Covid-19 pandemic. The purpose of the article is to show the importance of the EU Charter of Fundamental Rights with regard to Covid-19 related restrictions. Simultaneously, the scope of the application of the public health clause in the context of Covid-19 restrictions is examined. Moreover, the impact of protection of public health, as a fundamental right in itself, is reviewed. The analysis shows that the health protection guarantee laid down in art. 8 ECHR and art. 35 EU Charter implies an obligation on States to take certain (restrictive) measures with a view to protecting people during a pandemic. This obligation includes (compulsory) vaccination programs. However, severe (financial) punishments will certainly be considered disproportionate.
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References
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