The COVID-19 pandemic and the European Court of Human Rights: the need for a broad margin of appreciation

This article advances the current and highly significant debate on the human rights implications of responses to the COVID-19 pandemic, by focussing specifically on the most recent jurisprudence emerging from the European Court of Human Rights. During the pandemic, states had an obligation to protect the lives of individuals, and adopted a range of measures with this objective. However, questions arise concerning the extent to which other rights were restricted, and whether an appropriate balance was struck. The article argues that the Court must remain cautious of finding breaches of the European Convention on Human Rights in cases involving public restrictions applied for the purpose of protecting life and health in the context of a pandemic, and that a wide margin of appreciation should continue to be applied in such cases.