Introduction “European governments are fighting against the spread of the pandemic with strong measures. This is necessary to respond to the unprecedented challenge we are facing. At the same time, it is clear that the enjoyment of human rights is affected by the pandemic and the measures adopted to encounter it. […] It is therefore crucial that the authorities take measures that do not lead to discrimination and are proportionate to the aims pursued.” Europe is at the epicentre of the global Coronavirus pandemic, according to the World Health Organization (WHO). Since the first confirmed case on 24 January  2020, all 27 EU Member States have been recording cases. As of 6 April 2020, the virus has infected 527,544 people in the European Union (EU) and 42,744 have died from it, according to the European Centre for Disease Prevention and Control. The number of cases continues to grow rapidly, with many experts anticipating that infections may not peak for several weeks or months. The pandemic poses grave challenges to the rights to life and health for people living in the EU, which states have a duty to report. Dunja Mijatović, Council of Europe Commissioner for Human Rights, We must respect human rights and stand united against the coronavirus pandemic, 16 March 2020. On 11 March 2020, WHO declared that the COVID-19 outbreak had reached the level of a global pandemic. This prompted a large majority of EU Member States to adopt emergency measures of varying forms and durations; Italy had already adopted such measures given its high number of COVID-19 cases. Three EU Member States (Estonia, Latvia and Romania) used the possibility to derogate from the European Convention on Human Rights (ECHR) in time of emergency, as set out in Article 15 of the Convention. It is a basic principle of international human rights standards that any restrictions to a right must be legal, proportionate and necessary. Well-established case law of the European Court of Human Rights provides that derogations should happen only in exceptional circumstances and in a limited and supervised manner to secure certain rights and freedoms under the ECHR.1 “COVID-19 is a test for our societies, and we are all learning and adapting as we respond to the virus. Human dignity and rights need to be front and centre in that effort, not an afterthought” Michelle Bachelet, United Nations High Commissioner for Human Rights, Coronavirus: Human rights need to be front and centre in response, 6 March 2020 To ensure the right to life and health for everyone, the governments of EU Member States have put in place wide-ranging measures to contain the spread of the virus. These include restrictions on public gatherings, requirements to stay at home except for limited essential activities such as food shopping, and orders to close businesses and cultural and educational institutions. Taken together, these measures have prompted unprecedented changes to daily life across the EU and have affected the enjoyment of many of the rights set out in the Charter of Fundamental Rights of the EU. This report outlines some of the measures that EU Member States have adopted to halt the spread of COVID-19 and highlights the impact they may have on the civil, political and socio-economic rights set out in the Charter. In this way, it contributes to efforts to ensure that the limitations of rights resulting from such measures are consistent with legal standards safeguarding fundamental rights, and that their impact on particular groups is adequately considered. Many of the public health and economic measures implemented since the outbreak of COVID-19 are closely interrelated; often their impact on fundamental rights will not be traceable to a single measure but rather to the combined effects of various legal and policy initiatives. Reflecting this reality, this report incorporates a wide spectrum of measures. Many, but not all, fall wholly or in part within the scope of EU law. Early evidence suggests that there is currently widespread acceptance of the measures governments take to mitigate the impact of COVID-19 (see p. 14). However, social acceptance can diminish if measures are perceived to be disproportionately intrusive to basic rights. Measures that strictly conform with fundamental rights obligations will be more sustainable and thus effective in the long run. This will also contribute to maintaining social acceptance of changes to daily life. 13

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