Please use this identifier to cite or link to this item: http://hdl.handle.net/20.500.12389/22735
DC FieldValue
AuthorsKuurberg, Maris
Country CoverageEstonia
Accessioned Date2021-05-11T11:34:55Z
Availability Date2021-05-11T11:34:55Z
Issue Date2020
???metadata.dc.identifier.other???DOI: 10.5553/EEYHR/258977642020003001001
URIhttp://hdl.handle.net/20.500.12389/22735
Abstract"1 Introduction By the time I am writing this article, it is already a fact that a highly contagious coronavirus disease COVID-19 has spread – and is still spreading – all over the world and its case rate has reached enormous proportions. All states still have to tackle different aspects of the crisis, lacking authorized medicine for treatment or vaccinations against COVID-19, fearing, at the same time, that the situation could worsen again when the autumn comes. But already on 11 March 2020, when the World Health Organization (WHO) assessed that an outbreak of COVID-19, which was first identified in December 2019 in Wuhan, China, had reached such a global spread that it could be characterized as a pandemic, it was obvious that no State will remain untouched. Therefore, the WHO repeated its call to governments to take urgent and aggressive action to stop the spread of the virus.1 At that time, the WHO considered Europe the active centre of the pandemic with more reported cases and deaths than the rest of the world combined, apart from China.2 European states, in turn, rapidly started to take extraordinary steps to fight the spread of that disease. Relying on the WHO’s latest assessment and the increasing number of infected persons in Estonia, late in the evening of 12 March 2020, the Government of Estonia also declared an emergency situation in the administrative territory of Estonia.3 Estonia was one of the states that also decided to inform the Secretary General of the Council of Europe of the health-related emergency situation in Estonia and noted, with reference to Article 15 of the European Convention on Human Rights (‘the Convention’), that some emergency measures adopted temporarily may involve a derogation from certain obligations under the Convention.4 As the question ‘derogate or not’ was heatedly debated in spring 2020, I was asked to shed light on the reasons why Estonia decided to submit a declaration related to Article 15 of the Convention. Submitting that declaration was dependent on the domestic declaration of the emergency situation in Estonia and on the measures that were taken during the emergency situation. Therefore, first the domestic legal system in special situations, the reason and purpose of the COVID-19-related emergency situation and specific measures taken during the latter should be briefly discussed."
Formatarticle
Languageen
Host itemEast European Yearbook on Human Rights
Subject Keywordshuman rights
TitleCOVID-19-Related Sanitary Crisis and Derogations under Article 15 of the Convention: Considerations in Estonia
Material Typearticle
Edition1/2020
Internal NotesContents 1 Introduction 2 Regulation on Special Situations in Estonia 3 Declaration of the COVID-19 Emergency Situation and the Measures Taken Thereafter 4 Existence of a Public Emergency Threatening the Life of the Nation 5 Exceptionality of the Crisis and Insufficiency of Guidance in the Established Case Law 6 Appropriateness of the Declaration under Article 15 of the Convention 7 Conclusion
Host item vol.no1
URL displayhttps://www.elevenjournals.com/tijdschrift/eeyhr/2020/1/EEYHR_2589-7764_2020_003_001_001.pdf
Physical Descriptionp. 3-18
URL more informationhttps://www.elevenjournals.com/tijdschrift/eeyhr/2020/1/EEYHR_2589-7764_2020_003_001_001
FulltextNo Fulltext
Fulltext Grantnone
Related CountryOSCE region
Related CountryUN region
Related CountryEU region (pre-2021)
Related CountryCoE region
Appears in Collections:Documents
Tolerance and Non-Discrimination in the Context of COVID-19
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