Abstracts Nr 4, 2021
Asztalos Csaba Ferenc, Limits on the fundamental human rights and freedoms during the Covid-19 pandemic – vaccination requirements for those working in the health services in Italy and Hungary
Abstract: The Covid-19 pandemic has had a number of effects on human rights and fundamental freedoms, measures to prevent and combat the epidemic have involved and include restrictions on freedom of movement, restrictions or even a ban on freedom of assembly, restrictions of the right to association, restrictions of the right to private life, restrictions of the right to work, the right to education.
Limiting fundamental rights and freedoms during Covid-19 pandemic affects, more than ever, the relationship between science and law, the relationship between knowledge, correct information, as democratic values and its opposite: misinformation.
The present analysis aims to present the legal tests by which constitutional judges from different states of the European Union have ruled on measures taken by states to limit and combat the Covid-19 pandemic, namely on the right balance, on reconciliation between fundamental human rights and freedoms.
Keywords: Covid-19 pandemic, misinformation, discrimination, right balance, European Convention on Human Rights, ECtHR
Tatiana-Maria Cernicova-Dragomir, Derogations from the provisions of the European Convention on Human Rights during the pandemic created by the SARS-CoV-2 coronavirus
Abstract: In the context of the pandemic caused by the SARS-CoV-2 virus, a large number of European countries, including Romania, have sent notifications to the Council of Europe, derogating from the provisions of the European Convention on Human Rights, pursuant to art. 15. The present article aims to examine the derogations of States, both from a formal and from a substantial standpoint, in relation to the provisions of the ECtHR and the case law of the European Court of Human Rights.
Keywords: derogation, pandemic, state of emergency, notification, art. 15 European Convention on Human Rights, ECtHR, Council of Europe
Dezideriu Gergely, Political and legal perspectives on the prohibition of discrimination based on racial or ethnic origin through an European-level Directive. Historical and political context, developments, implementation
Abstract: The article attempts to summarize succinctly the historical, political and legal backdrop of the debates that took place in the mid ‘80s on the legislation against racial discrimination in the European Community, he developments in the ‘90s and the negotiations that led to the adoption of Directive 2000/43/CE in the summer of 2000. The article summarizes the main governmental and non-governmental positions at a European level regarding the Directive, as well as the path of the Directive during the implementation process in the Member States, from the point of view of the debates, doctrine and the way the European Commission has described the problems and obstacles encountered during the implementation of the Directive at the Union level.
Keywords: direct discrimination, indirect discrimination, harassment, European Court of Human Rights, jurisprudence, Article 14, Protocol 12