حالة الطوارئ و حماية حقوق الإنسان-مواجهة جائحة كورونا

Other Title(s)

States of emergency and protection of human rights : facing the corona pandemic

Author

قاعود، علاء

Source

المجلة الدولية للقانون

Publisher

Qatar University College of Law (Previously) / Qatar University Qatar University Press (Currently)

Publication Date

2021-12-31

Country of Publication

Qatar

No. of Pages

33

Main Subjects

Law

English Abstract

The unprecedented situation of the Corona pandemic has caused a lot of confusion about whether or not the rules of international human rights law regarding dealing with crises are still appropriate.

This paper dealts with the relevant rules in the International Covenant on Civil and Political Rights, explaining that the Covenant permits states to impose restrictions on some rights in normal situations.

Moreover, permits them to restrict the enjoyment of some human rights during the states of emergency according to guarantees that they must abide by.

The paper argues that the Covenant allow states to take the necessary major to deal with emergency, and at the same time ensure respect for rights and freedoms and ensure that the declaration of the state of emergency is not taken as a basis for the storming of rights and freedoms.

The Covenant also achieves the require balance between the various rights and freedoms as it allows the state to imposes some restrictions on some rights in normal circumstances, and this may be sufficient in most situations, thus it is unjustifiable for the state to declare a state of emergency.

The paper emphasized the importance of viewing the state of emergency as a temporary situation within the triangle of human rights, democracy and the rule of law.

In addition, the paper presents some the covenant general principles; explaining the Covenant sets out the nondurable rights and freedoms to which individuals remain entitled even during states of emergency, also the Covenant sets principles that states must abide by in the measures they take in states of emergency.

Data Type

Conference Papers

Record ID

BIM-1382194

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