The Protection of Human Rights in Pandemics—Reflections on the Past, Present, and Future

Patrycja Dabrowska-Klosinska

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Abstract

This special section tells the story of Covid-19 through the lens of national responses, serious concerns about unprecedented human rights limitations and infringements, and the respective role of courts in public health emergencies. It compiles perspectives on disease control developments in Brazil, Italy, Poland, Taiwan, the U.S., and the EU to explore various aspects of judicial review protecting, or failing to protect, human rights. It offers insights from states and regions which have experienced high pandemic rates or may attract attention for not treating human rights as a priority. Amidst the crisis of multilateralism and the World Health Organization (WHO) authority, and the fact that public health is typically a national power, the Articles focus on the state-level analyses to inspire comparative findings and further research. The section also draws on diversity and transdisciplinarity. The contributions are authored by scholars specializing in wide-ranging areas of law, including constitutional, health, private, and human rights law, as well as in political philosophy and public health. This text introduces the special section by offering a broader picture of the human rights’ problématique in times of pandemics.
Original languageEnglish
Pages (from-to)1028-1038
Number of pages11
JournalGerman Law Journal
Volume22
Issue number6
DOIs
Publication statusPublished - 15 Sep 2021

Bibliographical note

The financial support of the EU Horizon 2020 research and innovation programme under the Marie Skłodowska-Curie grant agreement No 746014 is hereby acknowledged. The project THEMIS: ‘Protecting Human Rights and Public Health in Global Pandemics A Map of the Standards Applied by EU and US Courts’.

Keywords

  • comparative judicial review; human rights; infectious disease control; WHO and public health emergency; constitutional law

ASJC Scopus subject areas

  • Law

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