Proceedings of the 2nd International Conference of Law, Government and Social Justice (ICOLGAS 2020)

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
https://doi.org/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.
Open Access
This is an open access article distributed under the CC BY-NC license.

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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  - https://doi.org/10.2991/assehr.k.201209.357
ID  - Schmitz2020
ER  -