Feasibility Study of the Derogation of Freedom of Movement and Access to Information Rights in the Corona Pandemic

Mohammadi, Aghil; Sajjadi, Faezeh Sadat

Feasibility Study of the Derogation of Freedom of Movement and Access to Information Rights in the Corona Pandemic

Document Type : Original Article

Authors

Aghil Mohammadi ¹

Faezeh Sadat Sajjadi ²

¹ Assistant Professor in International Law, Department of Public & International Law, School of Law & Political Sciences, Shiraz University,

² M.A Student in International Law, Department of Public & International Law, International Campus Unit, Shiraz University,

Abstract

Some states have derogated the freedom of movement and access to information rights in order to protect the health of their citizens during the Corona epidemic. The present article uses a descriptive-analytical approach to answer the question that is it possible to derogate the mentioned human rights in the corona epidemic in accordance with international human rights law? The scale and severity of the corona pandemic has clearly brought it to the level of a state of public emergency. Therefore, potentially, including in the light of citing Article 4 of the International Covenant on Civil and Political Rights, it is possible to derogate those rights as a means of protecting public health. Of course, the validity of the derogation depends on announcing the situation to other states, implementation of the principles of necessity, proportionality, non-discrimination and other obligations under international law. Of course, it is difficult to say that all state has complied with these conditions, and it is necessary to examine the situation of each state separately. In general, states that have specifically derogated their obligations without compliance to above Article, have committed international wrongful act. Violations of the principles of necessity and proportionality can be pointed out, especially in the case of those states that have experienced a low prevalence of the disease and could restrict the mentioned human rights instead of derogating them

Keywords

Covid-19

State of Public Emergency

Public Health

Nation Life

Derogation of Human Rights

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