Freedoms in the COVID-19 Pandemic in the Light of the ECtHR Case Law

Authors : Mustafa Eren GÜÇARSLAN

Pages : 1-20

View : 52 | Download : 44

Publication Date : 2023-06-29

Article Type : Research Paper

Abstract :The European Convention on Human Rights insert ignore into journalissuearticles values(ECHR); has gone beyond being a catalog of rights that only lists fundamental rights and freedoms, and it has created an effective judicial mechanism. In this article, the legal analysis of the limitation of fundamental rights and freedoms within the effect of the COVID-19 pandemic has been made in light of the European Court of Human Rights insert ignore into journalissuearticles values(ECtHR); case law. Although many rights have been affected during the process, our study addresses freedom of movement, assembly, and religion due to the limited number of cases. The conditions for restricting fundamental rights and freedoms will be mentioned in our research. Then, the compliance of the interventions to fundamental rights with these conditions is analyzed within the framework of the decisions. How the proportionality review in terms of the measures taken is examined within the framework of the ECtHR’s recent judgments.
Keywords : Avrupa İnsan Hakları Sözleşmesi, Temel Haklar ve Hürriyetler, Seyahat Özgürlüğü, Toplanma Özgürlüğü, Din Özgürlüğü