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Human Rights Practice Review

Kosovo

Journal East European Yearbook on Human Rights, Issue 1 2020
Authors Sabiha Shala
Author's information

Sabiha Shala
Prof. Assoc. Dr. at Law Faculty, University of Haxhi Zeka, Kosovo.
Human Rights Practice Review

Poland

Journal East European Yearbook on Human Rights, Issue 1 2020
Authors Vita Czepek and Jakub Czepek
Author's information

Vita Czepek
Dr Vita Czepek, University of Warsaw, Faculty of Law and Administration, Department of International Public Law.

Jakub Czepek
Dr Jakub Czepek, Cardinal Stefan Wyszyński University in Warsaw, Faculty of Law and Administration, Department of Human Rights Protection and International Humanitarian Law.
Article

Access_open COVID-19-Related Sanitary Crisis and Derogations under Article 15 of the Convention

Considerations in Estonia

Journal East European Yearbook on Human Rights, Issue 1 2020
Keywords human rights, emergency situation, COVID-19 and sanitary crisis, Article 15 of the European Convention on Human Rights, European Court of Human Rights (the ECtHR), Estonia
Authors Maris Kuurberg
AbstractAuthor's information

    During the COVID-19 pandemic, Estonia was one of the states that decided to inform the Secretary General of the Council of Europe of the health-related emergency situation in Estonia and noted, with reference to Article 15 of the European Convention on Human Rights, that some emergency measures may involve a derogation from certain obligations under the Convention. The Government’s considerations proceeded from the unprecedented scale of the sanitary crisis and the scope of extraordinary measures taken to tackle it. Importance was attached to the fact that the Court has never before assessed health-related exceptions allowed in some of the articles of the Convention in a situation which affects the whole nation – not to mention the articles of the Convention which do not set out any exceptions at all. Article 15 of the Convention, on the other hand, is designed to be applicable in public emergency situations threatening the life of the nation.


Maris Kuurberg
Maris Kuurberg (mag.iur.) has been the Estonian Government Agent before the European Court of Human Rights since 2008 (the views expressed are solely those of the author). She works in the Ministry of Foreign Affairs. She is also a member of the Bureau of the Council of Europe’s Steering Committee for Human Rights, as well as a member of the same steering committee and a member of the Committee of Experts on the System of the European Convention on Human Rights. Since 1999, she has been a member of the Estonian Bar Association but her activity as an Attorney at Law is suspended since she joined the Ministry of Foreign Affairs.
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