Pandemic as a challenge to international and national law

Abstract

The article is devoted to the analysis of the impact of the pandemic caused by COVID-19 on human rights. The analysis is carried out through the prism of studying two practices: (a) the use by states in the new conditions of a specific instrument “derogations from the Covenant”; (b) interpretation by the courts of government anti-epidemic restrictions and prohibitions. The purpose of the article is a legal analysis of the impact of the pandemic on interstate and national mechanisms for ensuring human rights. Methods. In the article, a comparative method was used (it made it possible to systematize information about the redistribution of the vaccine between states as an important means of global counteraction to the pandemic), the method of analysis and synthesis (the algorithm for derogation of states from the implementation of previously assumed international legal obligations in the field of guaranteeing human rights was determined), as well as the method of generalization (makes it possible to form conclusions on the analysis). Results. The human rights paradigm is under threat. More and more acute than these new conditions, problems of a civilizational nature arise: commensurability, humanity, justice. The human right to health on different continents and in countries with different per capita incomes is provided differently. International organizations are making efforts to somehow balance the situation with the distribution of the COVID-19 vaccine. One should agree with the prediction that the relatively low rules and standards in international human rights law will obviously have to be strengthened. Now there is a practice of derogation from human rights conventions. Four human rights treaties contain a derogation clause from the obligation to comply with the provisions of the treaties in full – ECHR, ICCPR, ACHR, EU. These international human rights treaties require official notification of derogations. However, not a single contract specifies the time period for such information. Justice is the foundation for building civilized relations between the state and its citizens. Especially during crises, states of emergency and other special regimes, when there is a real threat of violation of basic rights and freedoms. The published Priority Actions for Customs Administrations to Take Emergency Measures to Preserve International Supply Chains and Implement the Objectives of Counteracting the COVID-19 Crisis are focused mainly on revenue mobilization deals, trade facilitation, and ensuring the security of state borders. Conclusions. One of the expected results of cooperation in the context of the WHO, UNDP, UNAIDS pandemic should be the assertion of the principle of respect for human rights and fundamental freedoms, and specifically the right to health. As never before, harmonization of the practice of interpreting and applying international human rights treaties is relevant. Prohibitions and restrictions imposed by governments and other subjects of power, if they apply to specific subjects, can cause denial and unwillingness to comply. The experience of the response of the courts of other states to human rights violations deserves a separate study and generalization. As well as the practice of the activities of state authorities, in particular, customs, in the new conditions of the threat of further spread of coronavirus.