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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents