Rights in a time of quarantine – Law Pod UK

20 March 2020 by

Following his excellent exploration of the interface between human rights and the quarantine and movement restrictions adopted in response to Covid-19, biolaw expert Niall Coghlan kindly agreed to come on our podcast and expand on the subject. Whilst we have made every effort to get this episode on air as soon as possible, there are bound to be further laws and decrees being rolled out. References to the relevant Italian laws, the Latvian derogation and others can be found in Niall’s post of 17 March. Here are references to the most recent developments.

Derogations

ECHR

  • Latvia (15 March): arts 8, 11, 2P1 and 2P4.
  • Romania (17 March): no ECHR rights specified, but derogation from constitutional rights equivalent to arts 8, 11, 1P1, 2P1 and 2P4.
  • Armenia (19 March): no ECHR rights mentioned, but derogation from constitutional rights equivalent to arts 5, 11, 1P1 and 2P4.
  • Moldova (19 March): arts 11, 1P1, 2P4.
  • New derogations will be notified here.

OAS

  • No suspensions of guarantees (art.27 American Convention on Human Rights) listed. New suspensions will be notified here.

ICCPR

  • Guatemala (9 March): arts 12 (free movement), 21 (free assembly).
  • Latvia (16 March): arts 12, 17 (private and family life), 21.
  • New derogations will be included here.

New Italian laws restricting movement

·      Decree of 17 March requiring 14-days’ quarantine for all persons entering Italy, with a limited exception for those visiting for work reasons for 72 hours only. In force until 25 March.

·      Decree of 20 March tightening restrictions on exercise, closing parks and certain bars & cafés in transport hubs, and prohibiting movement towards a second or holiday home on the weekend and certain other days. In force until 25 March.

Movement justification forms in France

·      France (17 March).

UK law and rights analysis

  • Coronavirus Bill documents available here. (Note it was certified as compatible with the Convention rights under s.19(1) Human Rights Act 1998. ECHR analysis is as yet unpubished).
  • Joint Committee on Human Rights’ inquiry (accepting evidence until 22 July) and background paper.

Statements by human rights bodies and NGOs

  • Council of Europe Commissioner on Human Rights statements of 1620 March.
  • UN Experts’ statement of 16 March.
  • Fundamental Rights Agency analysis expected in Easter.
  • Human Rights Watch’s analysis of 19 March.
  • International Center for Not-for-Profit Law analysis of 10 March.

Law Pod UK is available on Spotify, Apple PodcastsAudioboomPodbeaniHeartRadio PublicDeezer or wherever you listen to our podcasts.

Please remember to rate and review us if you like what you hear.

Welcome to the UKHRB


This blog is run by 1 Crown Office Row barristers' chambers. Subscribe for free updates here. The blog's editorial team is:
Commissioning Editor: Jonathan Metzer
Editorial Team: Rosalind English
Angus McCullough QC David Hart QC
Martin Downs
Jim Duffy

Free email updates


Enter your email address to subscribe to this blog for free and receive weekly notifications of new posts by email.

Subscribe

Categories


Disclaimer


This blog is maintained for information purposes only. It is not intended to be a source of legal advice and must not be relied upon as such. Blog posts reflect the views and opinions of their individual authors, not of chambers as a whole.

Our privacy policy can be found on our ‘subscribe’ page or by clicking here.

Tags


Aarhus Abortion Abu Qatada Abuse Access to justice adoption ALBA Al Qaeda animal rights anonymity Article 1 Protocol 1 Article 2 article 3 Article 4 article 5 Article 6 Article 8 Article 9 article 10 Article 11 article 13 Article 14 Artificial Intelligence Asbestos assisted suicide asylum Australia autism benefits Bill of Rights biotechnology blogging Bloody Sunday brexit Bribery Catholicism Chagos Islanders Children children's rights China christianity citizenship civil liberties campaigners climate change clinical negligence Coercion common law confidentiality consent conservation constitution contempt of court Control orders Copyright coronavirus costs Court of Protection crime Cybersecurity Damages data protection death penalty defamation deportation deprivation of liberty Detention disability disclosure Discrimination disease divorce DNA domestic violence duty of care ECHR ECtHR Education election Employment Environment Equality Act Ethiopia EU EU Charter of Fundamental Rights EU costs EU law European Court of Justice evidence extradition extraordinary rendition Family Fertility FGM Finance foreign criminals foreign office France freedom of assembly Freedom of Expression freedom of information freedom of speech Gay marriage Gaza genetics Germany Google Grenfell Health HIV home office Housing HRLA human rights Human Rights Act human rights news Huntington's Disease immigration India Indonesia injunction Inquests international law internet Inuit Iran Iraq Ireland Islam Israel Italy IVF Japan Judaism judicial review jury trial JUSTICE Justice and Security Bill Law Pod UK legal aid Leveson Inquiry LGBTQ Rights liability Libel Liberty Libya Lithuania local authorities marriage mental capacity Mental Health military Ministry of Justice modern slavery music Muslim nationality national security NHS Northern Ireland nuclear challenges Obituary ouster clauses parental rights parliamentary expenses scandal patents Pensions Personal Injury Piracy Plagiarism planning Poland Police Politics pollution press Prisoners Prisons privacy Professional Discipline Property proportionality Protection of Freedoms Bill Protest Public/Private public access public authorities public inquiries rehabilitation Reith Lectures Religion RightsInfo right to die right to family life Right to Privacy right to swim riots Roma Romania Round Up Royals Russia Saudi Arabia Scotland secrecy secret justice sexual offence Sikhism Smoking social media South Africa Spain special advocates Sports Standing statelessness stop and search Strasbourg Supreme Court Supreme Court of Canada surrogacy surveillance Syria Tax technology Terrorism tort Torture travel treaty TTIP Turkey UK Ukraine USA US Supreme Court vicarious liability Wales War Crimes Wars Welfare Western Sahara Whistleblowing Wikileaks wind farms WomenInLaw YearInReview Zimbabwe
%d bloggers like this: