Restrictions on Human Rights Due to Covid-19 Outbreak
Summary: 1. Introduction. – 2. Restrictions imposed by states on the Covid-19 pandemic. – 2.1. Restrictions on the right of movement: China, France, Germany, Ukraine. – 2.2. Restriction of voting rights through Covid-19. – 2.3. Restrictions on property rights. – 3. Public interest as a ground for substantiation of restrictions by states in relation to the pandemic covid-19. – 4. Conclusion.
Abstract
The need to take measures to prevent the rapid spread of Covid-19 has led to the need for restrictive measures. Such trends require proper scientific and legal analysis, rethinking existing approaches to realizing rights. At the same time, the legal nature and essence of such restrictions should be clarified. This is due to the nature of the Covid-19 pandemic, and such restrictions have a positive effect on curbing the spread of the viral disease. Currently, the vector of major human rights violations is related to compulsory vaccination. It is necessary to continue this research and follow the practice of the European Court of Human Rights.
The study used general and special scientific methods of scientific research of legal phenomena, namely: comparative law, formal-logical, system-structural, dialectical, and other methods. The dialectical method of cognition allowed to study thoroughly the national civil legislation taking into account the international standards. The public interest in the form of safety, health, and human life determines the establishment of restrictions in connection with the Covid-19 pandemic. Here the goal of the state to ensure the security of the nation and the public interest are closely related. The comparative legal method was used to determine the common and distinctive features. The formal-logical method contributed to establishing the conceptual apparatus and content of current legislation, highlighting the contradictions in current legislation. The system of human rights was studied by system-structural analysis.
About Authors
Savchenko Viktor
PhD in Law, Associate professor, Associate professor of the Civil Law Department, V.N. Karazin Kharkiv National University, Kharkiv, Ukraine
viktor.savchenko@karazin.ua
https://orcid.org/0000-0001-7104-3559
Corresponding author, responsible for responsible for methodology, the exploration of sources and their analysis and interpretation.
Michurin Ievgen
Doctor of Law, Professor, Professor of the Civil Law Department, V.N. Karazin Kharkiv National University, Kharkiv, Ukraine
michurin@karazin.ua
https://orcid.org/0000-0003-4283-4604
Co-author, responsible for responsible for conceptualization, the exploration of sources and their analysis and interpretation, writing, the content of the paper and data curation.
Kozhevnykova Viktoriia
Doctor of Law, Head of the State Law and Industry Law Department, Kyiv Law University of the National Academy of Sciences of Ukraine, Kyiv, Ukraine
bojko.v1909@gmail.com
https://orcid.org/0000-0003-3740-3922
Co-author, writing, the content of the paper and data curation, responsible for responsible for conceptualization, the exploration of sources and their analysis and interpretation, writing, the content of the paper and data curation.
Competing interests: Authors declare no competing interests.
Disclaimer: The authors declare that their opinions and views expressed in this manuscript are free of any impact of any organizations.
Managing editor – Dr Tetiana Tsuvina. English Editor – Dr Sarah White.
Copyright: © 2022 Savchenko V, Michurin Ie, Kozhevnykova V. This is an open access article distributed under the terms of the Creative Commons Attribution License, (CC BY 4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.
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Keywords
- human rights; Covid-19; freedom of movement; restrictions on property rights; free will
How to cite it?
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Savchenko V, Michurin Ie, Kozhevnykova V ‘Restrictions on Human Rights Due to Covid-19 Outbreak’ 2022 3(15) Access to Justice in Eastern Europe 73-86. DOI: https://doi.org/10.33327/AJEE-18-5.3-a000313
