Spazio europeo e clausole di deroga dei trattati internazionali in materia di diritti umani: spunti dalla nuova prassi relativa all’emergenza pandemica

Abstract

The paper seeks to analyze the impact of the pandemic on the practice of the States about the proclamation of a state of emergency and their related obligations arising from the main human rights treaties in this regard. In particular, the analysis focuses on how far such a situation may be used to invoke a derogation clause, such as those contained in Art. 15 of the European Human Rights Convention, Article 4 of the International Covenant on civil and political rights, Article 27 of the American Convention on Human Rights or Art. 4 of the Arab Charter of Human Rights. The paper will review the state practice related to the derogations invoked to deal with COVID 19, in order to assess whether it is in line with past practice or significant novelties have emerged.