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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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Formato: | Online Artículo Texto |
Lenguaje: | English |
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Oxford University Press
2020
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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 |
author_sort | Lebret, Audrey |
collection | PubMed |
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. |
format | Online Article Text |
id | pubmed-7239178 |
institution | National Center for Biotechnology Information |
language | English |
publishDate | 2020 |
publisher | Oxford University Press |
record_format | MEDLINE/PubMed |
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 |
work_keys_str_mv | AT lebretaudrey covid19pandemicandderogationtohumanrights |