Limitation or Derogation? The Dilemma of the States in Response to Human Rights Threat during the COVID-19 Crisis

Abstract

In addressing human rights concerns during COVID-19 crisis, this article starts by explaining the inalienable, invisible, interrelated and interdependent nature of human rights in relation to the fact that a specific right may be closely related to and dependent upon the realization of other human rights and that it is insufficient to respect some human rights and not others. With regard to human rights restrictions, this article then analyzes the two approaches followed by different states as a response to COVID-19: the approach of limitation of the human rights and the derogation from international human rights treaties and it highlights some concerns in the application and implementation of each of them. It concludes that while Governments have a certain decree of discretion in choosing the most appropriate measures to combat COVID-19 pandemic and secure the human rights, such margin of appreciation should not be unlimited. Otherwise, it should be subject to continuous monitoring in order to avoid abuse of human rights.