Constitutional Derogations of Human Rights in a State of Emergency – European Experiences in the COVID-19 Pandemic

Karovska Andonovska, Biljana (2022) Constitutional Derogations of Human Rights in a State of Emergency – European Experiences in the COVID-19 Pandemic. Strategos. ISSN 2459-8771

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Abstract

In a state of emergency when the safety of citizens usually is seriously endangered,
in state constitutions special powers are provided for the state bodies. These special
powers are imposed by the need to successfully deal with the threats. In those
circumstances the governments impose extraordinary measures for citizens which
usually derogate some fundamental human rights. Hence, from a human rights.
perspective declared state of emergency is a huge challenge because it could pave the
way for human rights unjustified restrictions and violations. The explanation and
justification from the state officials usually is that this is the way of protection wider
public interest. However, because emergency powers could be abused, it is essential
to create strict constitutional limits regarding the circumstances, duration and scope
of such powers.
In this paper we made a comparative overview of the conditions under which a state
of emergency could be declared according to constitutions of various European
countries. Special focus was placed on the provisions for restriction of human rights
in extraordinary situations with review on experiences of European countries during
the COVID-19 pandemic

Item Type:	Article
Subjects:	Social Sciences > Law
Divisions:	Military Academy
Depositing User:	Biljana Karovska Andonovska
Date Deposited:	14 Dec 2022 10:51
Last Modified:	14 Dec 2022 10:51
URI:	https://eprints.ugd.edu.mk/id/eprint/30668

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