Key findings
The outbreak of COVID-19 affects people’s daily life in the 27 EU Member States. As the
number of infected people in the EU territory began to mount rapidly in February and
March, governments put in place a raft of measures – often introduced in a period of only
a few days – in an effort to contain the spread of the virus. Many of these measures reflect
how, in exceptional emergency situations, the urgent need to save lives – itself a core
fundamental rights obligation – justifies restrictions on other rights, such as the freedom
of movement and of assembly.
“We clearly need strong
public health responses
to protect life during the
pandemic. But we can
protect our health and
respect human rights.
It is not a zero sum game.
The more we respect
human rights, the better
will be our public health
strategies.
Our health strategies
must also ensure that any
limitations to people’s
fundamental rights
should only last as long
as necessary.”
Michael O’Flaherty, Director of
the EU Agency for Fundamental
Rights, Protect human rights
and and public health in fighting
COVID-19, March 2020
International human rights law allows for the limitation of certain rights, especially when
addressing a major health crisis. Moreover, states can also introduce emergency laws
when exceptional circumstances arise. These laws can derogate from some human rights
but they need to be in force for a limited time and in a supervised manner. States need
to notify formally the derogation, which needs to be prescribed by law, proportionate
and necessary. Once the exceptional circumstances are over, governments must lift the
emergency measures.
This report outlines some of the measures EU Member States have put in place to protect
public health during the Coronavirus pandemic. It highlights how they may affect fundamental
rights; where specific Articles are mentioned in the report, these refer to the Charter of
Fundamental Rights of the EU. It covers the period 1 February – 20 March 2020 and focuses
on four interrelated issues:
— measures to contain COVID-19 and mitigate its impact in the areas of social life,
education, work, and freedom of movement, as well as asylum and migration;
— the impact of the virus and efforts to limit its spread on particular groups in society;
— incidents of xenophobic and racist discrimination, including hate crime;
— the spread of disinformation concerning the outbreak and the implications of related
containment measures on data protection and privacy.
The combination of the most widespread restrictions on daily life experienced in
peacetime in modern Europe impact on all of us. They affect in particular certain, often
already vulnerable, groups in society, with profound implications for the enjoyment of
fundamental rights in the EU. The following paragraphs outline key findings from FRA’s
data collection across the 27 EU Member States, illustrating the impact of the virus and
the measures to contain it.
FRA will continue to examine the impact on fundamental rights of the virus and measures
to contain it in follow-up reports in the coming months.
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