Human Rights in Times of Crisis

Human Rights in Times of Crisis Presented by: Mrs. Holcroft-Emmess Date: 18 March 2021 Presentation Outline - Introduction to human rights law - The European Convention and the Human Rights Act - Derogation under Article 15 ECHR - Covid 19 derogations Introduction To Human Rights Law - Historical origins - developing protections against the State • 'In the history of fundamental rights, no event ranks higher than that charter of concessions which the nobles wrested from King John... Magna Carta... • What was of decisive and, ultimately, of permanent significance was that for the first time... a restraint was put upon supreme power. • It was this idea, not its temporary limitation to the charmed circle of barons, that became a power in history.' - Hersch Lauterpacht - WWII and the birth of modern international human rights law • 'Human rights are a fundamental object of law and government in a just society. • Human rights exist to the degree that they are respected by people in relations with each other and by governments in relations with their citizens... • The world at large is aware of the tragic consequences for human beings ruled by totalitarian systems...'- Eleanor Roosevelt The Human Rights Convention - ECHR (European Convention on Human Rights) • ECHR • Agreed: 1950 In force: 1953 States parties: 47 Treaty bodies: ECtHR; (formerly) ECommHR - ECHR Preamble: • The Governments signatory hereto... • Being resolved, as... European countries which are like- minded and have a common heritage of political traditions, ideals, freedom and the rule of law, to take the first steps for the collective enforcement of certain of the rights stated in the Universal Declaration, • Have agreed as follows... The Human Rights Convention - What rights do we have under the ECHR? • ARTICLE 2: Right to Life • ARTICLE 3: Prohibition of torture • ARTICLE 4: Prohibition of slavery and forced labor • ARTICLE 5: Right to liberty and security of person • ARTICLE 6: Right to a fair trial • ARTICLE 7: No punishment without law • ARTICLE 8: Right to respect for private and family life • ARTICLE 9: Freedom of thought, conscience and religion • ARTICLE 10: Freedom of expression • ARTICLE 11: Freedom of assembly and association • ARTICLE 12: Right to marry • ARTICLE 13: Right to an effective remedy • ARTICLE 14: Prohibition of discrimination Limitations On Human Rights - When a treaty confers rights on individuals (or groups), it also imposes duties on the States who sign up to the treaty to do or refrain from doing things which interfere with those rights. - Some of the rights have built-in limitations meaning that States can interfere with those rights to some extent, even during normal times. The Human Rights Act - [9th November 1998] • An Act to give further effect to rights and freedoms guaranteed under the European Convention on Human Rights; to make provision with respect to holders of certain judicial offices who become judges of the European Court of Human Rights; and for connected purposes. Derogation Under Human Rights Treaties - What is derogation? • Derogation is a noun which derives from the verb 'to derogate', which means (in a legal context) to curtail the application of a law. It comes from from a Latin verb, dērogāre: to repeal or modify some part of a law.*  *Sources: Collins Dictionary Online; Merriam-Webster Dictionary Online. • Derogation is a mechanism used in several human rights treaties to condition instances in which States parties can adopt measures which would, under normal circumstances, violate their duties under the treaties. Derogation under Article 15 ECHR - Article 15 ECHR • 1. In time of war or other public emergency threatening the life of the nation any High Contracting Party may take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law. • 2. No derogation from Article 2, except in respect of deaths resulting from lawful acts of war, or from Articles 3, 4 (paragraph 1) and 7 shall be made under this provision. • 3. Any High Contracting Party availing itself of this right of derogation shall keep the Secretary General of the Council of Europe fully informed of the measures which it has taken and the reasons therefor. It shall also inform the Secretary General of the Council of Europe when such measures have ceased to operate and the provisions of the Convention are again being fully executed. Examples Of Derogations - Internal unrest - Terrorism - Natural disasters - Contagious disease - Public health emergencies Covid 19 Derogations - Several States have notified derogations to various human rights treaties to deal with Covid 19. - E.g. Albania, Armenia, Estonia, Georgia, Latvia, North Macedonia, Moldova, Romania, San Marino, Serbia European Convention derogations (some have since been withdrawn). - Derogations enable States to do things they would not normally be able to do without violating their treaty obligations in order to protect public health. - What about the UK? • The UK has not notified a derogation due to Covid 19, but there was an interesting discussion about derogation in BP v Surrey County Council. • 25 March 2020, Hayden J: 'The spread of this insidious viral pandemic... establishes a solid foundation upon which a derogation becomes not merely justified but essential... it is not essential to signal in advance a notification of derogation... I will send notification of my decision.' • 29 April 2020, Hayden J: 'Both parties submit and, I agree, that only a High Contracting party, which the Court manifestly is not, can derogate from the European Convention on Human Rights...'