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

Litins'ka Y, Karpenko O

Eur J Health Law 27 (4) 368-385 [2020-08-13; online 2020-08-13]

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 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 European Convention for the Protection of Human Rights and Fundamental Freedoms.

Category: Other

Category: Social Science & Humanities

Type: Journal article

PubMed 33652392

DOI 10.1163/15718093-BJA10024

Crossref 10.1163/15718093-BJA10024

Publications 9.5.0