Proportionality of State Emergency Health Measures amid COVID-19

Article by Nora Salem. Opinio Juris. May 13, 2020.

Article by Nora Salem. Opinio Juris.

May 13, 2020.

Most States have been taking far-reaching emergency health measures to control the widespread of COVID-19 nationally, including measures of lockdowns, travel restrictions, mandatory quarantine on passengers arriving from abroad, shutdowns of schools, universities, businesses and religious sites, epidemiological surveillance, or in some countries even prohibiting the spread of COVID-19 related news on social media.

Most of these measures aim at social distancing in order to contain the spread of the virus, which is transmitted through respiratory droplets from person to person. These emergency health measures raise the question of proportionality of a possible infringement of an array of human rights, predominantly the right to liberty, freedom of movement, freedom of assembly, freedom of association, freedom of expression, freedom of manifesting one’s religion, right to privacy, right to work, or right to education.

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