Constitutional Derogations of Human Rights in a State of Emergency – European Experiences in the Covid-19 Pandemic
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 extraordinar...
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| Format: | Article |
| Language: | English |
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Croatian Defence Academy
2022-01-01
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| Series: | Strategos |
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| Online Access: | https://hrcak.srce.hr/file/411970 |
| _version_ | 1797947981815611392 |
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| author | Biljana Karovska Andonovska |
| author_facet | Biljana Karovska Andonovska |
| author_sort | Biljana Karovska Andonovska |
| collection | DOAJ |
| description | 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. |
| first_indexed | 2024-04-10T21:36:15Z |
| format | Article |
| id | doaj.art-b9e5ad99c2194e24a10bbc4c756fd376 |
| institution | Directory Open Access Journal |
| issn | 2459-8771 2459-8917 |
| language | English |
| last_indexed | 2024-04-10T21:36:15Z |
| publishDate | 2022-01-01 |
| publisher | Croatian Defence Academy |
| record_format | Article |
| series | Strategos |
| spelling | doaj.art-b9e5ad99c2194e24a10bbc4c756fd3762023-01-19T12:24:03ZengCroatian Defence AcademyStrategos2459-87712459-89172022-01-01613551379Constitutional Derogations of Human Rights in a State of Emergency – European Experiences in the Covid-19 PandemicBiljana Karovska Andonovska0Military Academy “General Mihailo Apostolski”, Skopje, Republic of North MacedoniaIn 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.https://hrcak.srce.hr/file/411970human rightsderogationsstate of emergencyconstitutionscovid-19european experiences |
| spellingShingle | Biljana Karovska Andonovska Constitutional Derogations of Human Rights in a State of Emergency – European Experiences in the Covid-19 Pandemic Strategos human rights derogations state of emergency constitutions covid-19 european experiences |
| title | Constitutional Derogations of Human Rights in a State of Emergency – European Experiences in the Covid-19 Pandemic |
| title_full | Constitutional Derogations of Human Rights in a State of Emergency – European Experiences in the Covid-19 Pandemic |
| title_fullStr | Constitutional Derogations of Human Rights in a State of Emergency – European Experiences in the Covid-19 Pandemic |
| title_full_unstemmed | Constitutional Derogations of Human Rights in a State of Emergency – European Experiences in the Covid-19 Pandemic |
| title_short | Constitutional Derogations of Human Rights in a State of Emergency – European Experiences in the Covid-19 Pandemic |
| title_sort | constitutional derogations of human rights in a state of emergency european experiences in the covid 19 pandemic |
| topic | human rights derogations state of emergency constitutions covid-19 european experiences |
| url | https://hrcak.srce.hr/file/411970 |
| work_keys_str_mv | AT biljanakarovskaandonovska constitutionalderogationsofhumanrightsinastateofemergencyeuropeanexperiencesinthecovid19pandemic |