“Fase 1” di contrasto al Covid-19, ordinamento italiano e tutela dei diritti umani alla luce della CEDU

Abstract

The Italian Government adopted several containment measures in order to address Covid-19 in the early months of 2020, some of them limiting ECHR rights. First, this study analyses whether containment measures are consistent with obligations arising from the ECHR, based on ECHR’s limitation clauses for the protection of public health. Second, the study highlights the reasons why Italy should have activated the derogation under Art. 15 ECHR, which would have justified human rights limitations not allowed by the Convention. It would also have pursued policy goals, e.g. by encouraging a more comprehensive and supportive response to Covid-19 by other European countries.