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

Summary, in English

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.

• Author: Yana Litins'ka; Oleksandra Karpenko
• Department/s: Law and Vulnerabilities; Human Rights Law; Norma Research Programme; Health Law; Public Law; Department of Law; Public International Law
• Publishing year: 2020-08-13
• Language: English
• Pages: 368-385
• Publication/Series: European Journal of Health Law
• Volume: 27
• Issue: 4
• Links: http://dx.doi.org/10.1163/15718093-BJA10024
• Document type: Journal article
• Publisher: Brill
• Topic: Law
• Keywords: Human rights; Self-isolation; Deprivation of liberty; Freedom of movement; ECHR; COVID-19; Ukraine; Infectious disease; Mänskliga rättigheter; Covid-19; Rätt till frihet och säkerhet; Rätt att fritt röra sig; EKMR; smittskydd
• Status: Published
• Research group: Law and Vulnerabilities; Human Rights Law; Norma Research Programme; Health Law; Public Law; Public International Law
• ISBN/ISSN/Other: ISSN: 0929-0273