Freedom to Conduct Business During the Covid-19 Pandemic
Unprecedented restrictions on various human rights were applied during the COVID-19 pandemic, and considered crucial in most cases to halt the spread of infection. Yet, a number of critical issues were raised concerning the scope and proportionality of said restrictions. Among these, the freedom to...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
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Ubiquity Press
2021-12-01
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| Series: | Tilburg Law Review |
| Subjects: | |
| Online Access: | https://tilburglawreview.com/articles/246 |
| _version_ | 1798022386765791232 |
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| author | Dalia Vasarienė Lyra Jakulevičienė |
| author_facet | Dalia Vasarienė Lyra Jakulevičienė |
| author_sort | Dalia Vasarienė |
| collection | DOAJ |
| description | Unprecedented restrictions on various human rights were applied during the COVID-19 pandemic, and considered crucial in most cases to halt the spread of infection. Yet, a number of critical issues were raised concerning the scope and proportionality of said restrictions. Among these, the freedom to conduct business was one of the most affected by measures implemented in the first lockdown which was applied in many Member States of the European Union. This article analyzes the protection of this freedom in situations of emergency, its conflict with the right to health, and explores whether jurisprudential and doctrinal bases applicable before the pandemic could be applied or if new principles need to be developed to address unprecedented situations like COVID-19. The criteria to determine the proportionality of these restrictions from the perspective of International and EU human rights law are also discussed. The authors argue that the freedom to conduct business, although not envisaged directly in the European Convention on Human Rights, is part of the right to property, and thus should be protected in the same manner. Based on that, the approach to the deprivation of the right to use property and denial of the essence of the freedom to conduct business should be applied similarly, though not identically, to the approach ofde factoexpropriation, where a question of full or partial compensation may be relevant in case of substantial business losses. For other restrictions the availability of compensatory measures should be one of the key aspects while considering the proportionality of COVID-19 measures in restricting the rights of individuals or businesses. |
| first_indexed | 2024-04-11T17:28:58Z |
| format | Article |
| id | doaj.art-7ef94949d9524eeaaaa3f0463b108da5 |
| institution | Directory Open Access Journal |
| issn | 2211-2545 |
| language | English |
| last_indexed | 2024-04-11T17:28:58Z |
| publishDate | 2021-12-01 |
| publisher | Ubiquity Press |
| record_format | Article |
| series | Tilburg Law Review |
| spelling | doaj.art-7ef94949d9524eeaaaa3f0463b108da52022-12-22T04:12:13ZengUbiquity PressTilburg Law Review2211-25452021-12-0126110.5334/tilr.246174Freedom to Conduct Business During the Covid-19 PandemicDalia Vasarienė0Lyra Jakulevičienė1Associate Professor, Mykolas Romeris University, VilniusProfessor, Mykolas Romeris University, VilniusUnprecedented restrictions on various human rights were applied during the COVID-19 pandemic, and considered crucial in most cases to halt the spread of infection. Yet, a number of critical issues were raised concerning the scope and proportionality of said restrictions. Among these, the freedom to conduct business was one of the most affected by measures implemented in the first lockdown which was applied in many Member States of the European Union. This article analyzes the protection of this freedom in situations of emergency, its conflict with the right to health, and explores whether jurisprudential and doctrinal bases applicable before the pandemic could be applied or if new principles need to be developed to address unprecedented situations like COVID-19. The criteria to determine the proportionality of these restrictions from the perspective of International and EU human rights law are also discussed. The authors argue that the freedom to conduct business, although not envisaged directly in the European Convention on Human Rights, is part of the right to property, and thus should be protected in the same manner. Based on that, the approach to the deprivation of the right to use property and denial of the essence of the freedom to conduct business should be applied similarly, though not identically, to the approach ofde factoexpropriation, where a question of full or partial compensation may be relevant in case of substantial business losses. For other restrictions the availability of compensatory measures should be one of the key aspects while considering the proportionality of COVID-19 measures in restricting the rights of individuals or businesses.https://tilburglawreview.com/articles/246freedom to conduct a businessemergency situationcovid-19 measureshuman rights restrictionsproportionality of restrictionsright to healthright to property |
| spellingShingle | Dalia Vasarienė Lyra Jakulevičienė Freedom to Conduct Business During the Covid-19 Pandemic Tilburg Law Review freedom to conduct a business emergency situation covid-19 measures human rights restrictions proportionality of restrictions right to health right to property |
| title | Freedom to Conduct Business During the Covid-19 Pandemic |
| title_full | Freedom to Conduct Business During the Covid-19 Pandemic |
| title_fullStr | Freedom to Conduct Business During the Covid-19 Pandemic |
| title_full_unstemmed | Freedom to Conduct Business During the Covid-19 Pandemic |
| title_short | Freedom to Conduct Business During the Covid-19 Pandemic |
| title_sort | freedom to conduct business during the covid 19 pandemic |
| topic | freedom to conduct a business emergency situation covid-19 measures human rights restrictions proportionality of restrictions right to health right to property |
| url | https://tilburglawreview.com/articles/246 |
| work_keys_str_mv | AT daliavasariene freedomtoconductbusinessduringthecovid19pandemic AT lyrajakuleviciene freedomtoconductbusinessduringthecovid19pandemic |