Thread by @JMalinowskiR

Interesting exposé. #COVID19 has triggered the largest number of derogations from human rights treaties #RCHR etc. But I am very sceptical about the need for or justification of derogations on this occasion. ⤵️

https://twitter.com/jowicz/status/1251446739246239751

The exceptional circumstances of #COVID19 do not require action outside the #ECHR or the #EuropeanSocialCharter, but to manoeuvre within and apply the provisions of those instruments designed for exceptional situations, like #PublicHealth. Someone should make this point. ⤵️

The provisions that might be legitimately derogated from provide precisely for the margin that is necessary on this occasion on #PublicHealth grounds, which makes it superfluous to derogate. #ECHR examples follow:

Art 4.3.c #ECHR accepts “any service exacted in case of #emergency or calamity”; Art 5.1.e “detention of persons for the prevention of the spreading of infections diseases” (although part of this provision is obsolete (re. detention of alcoholics, drug addicts and vagrants)).

Arts 8, 9, 10, 11 #ECHR all allow for exceptions in case of health emergency, … #COVID19 would match that kind of situation without resorting to derogation under Art 15.

And then, the #EuropeanSocialCharter (aka the Social Constitution of Europe) has a general provision allowing restrictions to rights, precisely on grounds of #PublicHealth considerations (among other grounds), if provided by law, if proportionate…, Article G @social_charter

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