Does Self-isolation Violate the Right to Liberty? An Analysis of the European Court of Human Rights’ Practice in Light of the Ukrainian Experience

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Abstract

COVID-19 became a stress-test for many legal systems because it required that a balance be found between rapid action to prevent the spread of the disease and a continued respect for human rights. Many states in Europe, including Ukraine, chose to enforce an obligation to self-isolate. In this article we review what the obligation to self-isolate entails in the case of Ukraine. We also analyse whether such an obligation should be viewed as a deprivation or a mere restriction of liberty and if it is permissible under the Convention for the Protection of Human Rights and Fundamental Freedoms.

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Research areas and keywords

Subject classification (UKÄ) – MANDATORY

  • Law

Keywords

  • Human rights, Self-isolation, Deprivation of liberty, Freedom of movement, ECHR, COVID-19, Ukraine, Infectious disease
Original languageEnglish
Pages (from-to)368-385
Number of pages18
JournalEuropean Journal of Health Law
Volume27
Issue number4
Publication statusPublished - 2020 Aug 13
Publication categoryResearch
Peer-reviewedYes