COVID-19 Response and Human Rights - Comments From the German and European Perspective
Authors
Thomas Schmitz
Corresponding Author
Thomas Schmitz
Available Online 14 December 2020.
- DOI
- 10.2991/assehr.k.201209.357How to use a DOI?
- Keywords
- COVID-19 and human/fundamental rights, limits of and limits of the limitation of human/fundamental rights, duties of protection (positive obligations), protection of public health, principle of proportionality
- Abstract
The coronavirus pandemic is a challenge for the constitutional state. The state must take measures to stop it but they have a serious impact on economic, social and private life and, thus, on human and fundamental rights. This contribution dicusses from the German and European perspective the classical human and fundamental rights questions raised by the COVID-19 restrictions but also the significance of the second dimension of these rights, the state’s duties of protection (or positive obligations). Finally, it focuses on the decisive problems of the proportionality of the COVID-19 restrictions.
- Copyright
- © 2020, the Authors. Published by Atlantis Press.
- Open Access
- This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).
Cite this article
TY - CONF AU - Thomas Schmitz PY - 2020 DA - 2020/12/14 TI - COVID-19 Response and Human Rights - Comments From the German and European Perspective BT - Proceedings of the 2nd International Conference of Law, Government and Social Justice (ICOLGAS 2020) PB - Atlantis Press SP - 727 EP - 735 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.201209.357 DO - 10.2991/assehr.k.201209.357 ID - Schmitz2020 ER -