The UK Government’s Covid-19 Response and Article 2 of the ECHR (Title I Dignity; Right to Life, Charter of Fundamental Rights of the EU)

The purpose of this article is to assess the impact of the UK government’s response to the Covid-19 outbreak from a human rights perspective, particularly its apparent tension with Article 2 of the European Convention on Human Rights (ECHR) in relation to non-Covid-19 patients whose lives were put a...

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Main Author: Miroslav Baros
Format: Article
Language:English
Published: MDPI AG 2020-08-01
Series:Laws
Subjects:
Online Access:https://www.mdpi.com/2075-471X/9/3/19
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author Miroslav Baros
author_facet Miroslav Baros
author_sort Miroslav Baros
collection DOAJ
description The purpose of this article is to assess the impact of the UK government’s response to the Covid-19 outbreak from a human rights perspective, particularly its apparent tension with Article 2 of the European Convention on Human Rights (ECHR) in relation to non-Covid-19 patients whose lives were put at risk by not being able to attend appointments and treatments for pre-existing conditions and illnesses. The UK has also rejected the application of the Charter of Fundamental Rights of the European Union with the European Union Withdrawal Act 2018, which will leave the population even more exposed to potential human rights violations. This seems to be a direct consequence of the narrative and slogan employed by the government: “Stay Home; Protect the NHS; Save Lives”. Other potentially threatened categories, the NHS staff and prisoners are also mentioned in the same context. The latter have already launched a judicial review application along the same lines: Article 2 of the ECHR and the due regard duty stemming from the Equality Act 2010. The NHS staff were directly at risk, and evidence was emerging almost on a daily basis that implied authorities’ responsibility for the shortage of personal protective equipment and testing kits. While there have been a number of discussions on other issues in relation to the lockdown and the strategy directly or indirectly impacting human rights, it appears that no discussion on the impact of the strategy for non-Covid-19 patients and other categories from a human rights perspective has taken place. This gap in analyses and literature merits the present analysis.
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spelling doaj.art-2cdc80062dd54097bd6eb49e04065d482023-11-20T12:03:24ZengMDPI AGLaws2075-471X2020-08-01931910.3390/laws9030019The UK Government’s Covid-19 Response and Article 2 of the ECHR (Title I Dignity; Right to Life, Charter of Fundamental Rights of the EU)Miroslav Baros0Faculty of Social Sciences and Humanities, Department of Law and Criminology, Sheffield Hallam University, Sheffield S10 2BQ, UKThe purpose of this article is to assess the impact of the UK government’s response to the Covid-19 outbreak from a human rights perspective, particularly its apparent tension with Article 2 of the European Convention on Human Rights (ECHR) in relation to non-Covid-19 patients whose lives were put at risk by not being able to attend appointments and treatments for pre-existing conditions and illnesses. The UK has also rejected the application of the Charter of Fundamental Rights of the European Union with the European Union Withdrawal Act 2018, which will leave the population even more exposed to potential human rights violations. This seems to be a direct consequence of the narrative and slogan employed by the government: “Stay Home; Protect the NHS; Save Lives”. Other potentially threatened categories, the NHS staff and prisoners are also mentioned in the same context. The latter have already launched a judicial review application along the same lines: Article 2 of the ECHR and the due regard duty stemming from the Equality Act 2010. The NHS staff were directly at risk, and evidence was emerging almost on a daily basis that implied authorities’ responsibility for the shortage of personal protective equipment and testing kits. While there have been a number of discussions on other issues in relation to the lockdown and the strategy directly or indirectly impacting human rights, it appears that no discussion on the impact of the strategy for non-Covid-19 patients and other categories from a human rights perspective has taken place. This gap in analyses and literature merits the present analysis.https://www.mdpi.com/2075-471X/9/3/19Article 2 of the ECHRright to lifeCharter of Fundamental Rights of the EUpositive duty to protect life
spellingShingle Miroslav Baros
The UK Government’s Covid-19 Response and Article 2 of the ECHR (Title I Dignity; Right to Life, Charter of Fundamental Rights of the EU)
Laws
Article 2 of the ECHR
right to life
Charter of Fundamental Rights of the EU
positive duty to protect life
title The UK Government’s Covid-19 Response and Article 2 of the ECHR (Title I Dignity; Right to Life, Charter of Fundamental Rights of the EU)
title_full The UK Government’s Covid-19 Response and Article 2 of the ECHR (Title I Dignity; Right to Life, Charter of Fundamental Rights of the EU)
title_fullStr The UK Government’s Covid-19 Response and Article 2 of the ECHR (Title I Dignity; Right to Life, Charter of Fundamental Rights of the EU)
title_full_unstemmed The UK Government’s Covid-19 Response and Article 2 of the ECHR (Title I Dignity; Right to Life, Charter of Fundamental Rights of the EU)
title_short The UK Government’s Covid-19 Response and Article 2 of the ECHR (Title I Dignity; Right to Life, Charter of Fundamental Rights of the EU)
title_sort uk government s covid 19 response and article 2 of the echr title i dignity right to life charter of fundamental rights of the eu
topic Article 2 of the ECHR
right to life
Charter of Fundamental Rights of the EU
positive duty to protect life
url https://www.mdpi.com/2075-471X/9/3/19
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