DIMENSIONS OF HUMAN RIGHTS AND DEROGATION CLAUSES DURING COVID 19 PANDEMIC UNDER ARTICLE 15 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS (ECHR).

Abstract

In many legal systems, the state of emergency is a well-known and recognized legal instrument and allows a certain degree of derogation from human rights standards. However, in some cases emergencies provide governments with convenient reasons for strengthening their powers, weakening democratic institutions, and repressing political opponents.The magnitude and severity of the COVID-19 pandemic has clearly risen to the level of danger to public health and has given rise to a wide range of legal responses across the Council of Europe States, which can justify restrictions on certain rights. However, when derogation clauses are used, there is a risk of going beyond the principle of proportionality, which may bring to the abusive exercise of power. Nevertheless, while dealing with COVID-19 Pandemic formal declaration of a State of emergency and the notification of derogations under the Human Rights Treaty may have a positive impact on the constraining of emergency powers within prescribed limits.