Human rights Risks of Emergency Covid 19 legislation.

Summary of concerns.

It is not difficult to conceive of some of the scenarios in which human rights issues might arise, for example:

  • interferences with the rights protected by Articles 2, 3 and 8 ECHR by reason of changes to the procedures for mental health assessments and/or those in need of care and support assessments and provision;

  • interferences with the right to liberty protected by Article 5 ECHR by reason of orders given to compulsorily isolate certain persons;

  • interferences with the right to a fair trial protected by Article 6 ECHR by reason of decisions to press ahead with remote hearings in inapt circumstances and/or lengthy adjournments; 

  • interferences with the right to religion protected by Article 9 ECHR by reason of interventions affecting the ability to hold funerals; and

  • interferences with the rights to freedom of assembly and associationprotected by Article 11 ECHR by reason of prohibitions/restrictions on large gatherings.

Accordingly, it is important that the Coronavirus Bill is attendant with as many safeguards against abuse and excess as possible, while enabling it to respond effectively to the public health emergency.

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