DIRITTI UMANI IN STATO DI EMERGENZA

We are all in a state of emergency and we are experiencing the worst crisis ever after the WWII. This dissertation focuses on the concept of state of emergency and the impact it has on human rights since its basic paradigm is that normal rules are being suspended which will allow the government to infringe on rights more than it could in normal times. It also provides an outline of the theoretical framework and elaboration of the conditions for derogations and limitations from States’ international human rights obligations, peculiarly those protected by the ICCPR, ECHR and ACHR, which is needed for a legitimate implementation of state of emergency. The most affected derogable and non-derogable rights are laid down and discussed whether derogations and limitations of them are necessary and proportionate to the threat brought by the timely COVID-19. Different states’ responses (in particular Hungary and China) to the crisis brought by the pandemic are also examined as they serve as tangible examples of being deferential, or not, to the fundamental constitutional values namely democracy, fundamental rights and the rule of law. Realities of inequality, discrimination and exclusion are also taken into account as the crisis put in place many more people to experience them. Accordingly, this dissertation argues that many of the problems faced during the pandemic are results of the poor emergency preparedness of states and the international community. Finally, it concludes with a reflection about the risks of normalisation of the should-be temporary and exceptional emergency powers even after the tail end of the public health emergency.