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COVID-19 pandemic and derogation to human rights

Under international human rights law, States can limit the exercise of most human rights if it is necessary to protect the rights of others or collective interests. The exceptional circumstances brought by the COVID-19 global pandemic lead to more extensive, on both their scope and their duration, r...

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Autor principal: Lebret, Audrey
Formato: Online Artículo Texto
Lenguaje:English
Publicado: Oxford University Press 2020
Materias:
Acceso en línea:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7239178/
https://www.ncbi.nlm.nih.gov/pubmed/32728461
http://dx.doi.org/10.1093/jlb/lsaa015
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author Lebret, Audrey
author_facet Lebret, Audrey
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description Under international human rights law, States can limit the exercise of most human rights if it is necessary to protect the rights of others or collective interests. The exceptional circumstances brought by the COVID-19 global pandemic lead to more extensive, on both their scope and their duration, restrictions of human rights than in usual times. This article introduces the States’ specific right to derogate to human rights in circumstances of public emergency and the conditions of a legitimate derogation in the context of COVID-19. It argues that States must ensure that the general measures they adopt to face the crisis do not disproportionally harm vulnerable people.
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spelling pubmed-72391782020-05-28 COVID-19 pandemic and derogation to human rights Lebret, Audrey J Law Biosci Original Article Under international human rights law, States can limit the exercise of most human rights if it is necessary to protect the rights of others or collective interests. The exceptional circumstances brought by the COVID-19 global pandemic lead to more extensive, on both their scope and their duration, restrictions of human rights than in usual times. This article introduces the States’ specific right to derogate to human rights in circumstances of public emergency and the conditions of a legitimate derogation in the context of COVID-19. It argues that States must ensure that the general measures they adopt to face the crisis do not disproportionally harm vulnerable people. Oxford University Press 2020-05-04 /pmc/articles/PMC7239178/ /pubmed/32728461 http://dx.doi.org/10.1093/jlb/lsaa015 Text en © The Author(s) 2020. Published by Oxford University Press on behalf of Duke University School of Law, Harvard Law School, Oxford University Press, and Stanford Law School. http://creativecommons.org/licenses/by-nc-nd/4.0/ This is an Open Access article distributed under the terms of the Creative Commons Attribution NonCommercial-NoDerivs licence (http://creativecommons.org/licenses/by-nc-nd/4.0/), which permits non-commercial reproduction and distribution of the work, in any medium, provided the original work is not altered or transformed in any way, and that the work properly cited. For commercial re-use, please contact journals.permissions@oup.com
spellingShingle Original Article
Lebret, Audrey
COVID-19 pandemic and derogation to human rights
title COVID-19 pandemic and derogation to human rights
title_full COVID-19 pandemic and derogation to human rights
title_fullStr COVID-19 pandemic and derogation to human rights
title_full_unstemmed COVID-19 pandemic and derogation to human rights
title_short COVID-19 pandemic and derogation to human rights
title_sort covid-19 pandemic and derogation to human rights
topic Original Article
url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7239178/
https://www.ncbi.nlm.nih.gov/pubmed/32728461
http://dx.doi.org/10.1093/jlb/lsaa015
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