CEU Electronic Theses and Dissertations, 2021
| Author | Alimova, Guzal |
|---|---|
| Title | From Strict Necessity to Irresistible Temptation:State of Emergency and Article 15 of the ECHR During COVID-19 |
| Summary | Ever since COVID-19 has been announced as a global health crisis, one of the major dilemmas before the state parties to the European Convention on Human Rights (hereinafter, Convention) was whether there is a need to invoke Article 15 of the Convention allowing the states to derogate from their obligation under the treaty. The current debate brings us to different opinions such as that, on one hand, the impact of Article 15 on Convention rights is minimal, and on the other hand, without invoking Article 15 we are risking losing stricter supervision that comes with the derogation clause. In contrast, by analyzing how Article 15 of the Convention has been interpreted and applied in the previous case law, this paper aims to reveal the challenges and systemic deficiencies that the Court will have to deal with while addressing future potential cases. Drawing on identified patterns of the Strasbourg Court such as the redundant margin of appreciation in cases concerning the state of emergencies and Article 15 of the Convention, the paper argues that in the long run, the activation of Article 15 during COVID-19 renders the fate of future potential complaints vulnerable. |
| Supervisor | Eszter Polgári |
| Department | Legal Studies MA |
| Full text | https://www.etd.ceu.edu/2021/alimova_guzal.pdf |
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