ABSTRACT

This book presents an international and comparative exploration of how the COVID-19 global pandemic has affected and impacted on issues of human rights, security, and law.

Throughout the world, the COVID-19 global pandemic has fundamentally impacted and altered our way of life. As this book sets out, all states have had to contend with similar challenges as well as competing interests and obligations affecting human rights and security. These challenges present very few simple choices but nonetheless carry enormous consequences. Organised into two thematic and distinct yet interrelated parts, first on theoretical and practical challenges for human rights and second on threats to personal, collective, and global security, the book examines how the ability of states to safeguard our fundamental rights and security, broadly defined, has been challenged. Questions about the legality and legal impact of recent responses to COVID-19 will persist for some time. It is often said that global problems require coordinated global solutions, but the various responses to the pandemic by states suggest a notable lack of a consensus amongst the international community.

The book will be of interest to academics and researchers working in the areas of human rights law and security law. It will also appeal to constitutional lawyers, given the nature of law-making and the challenge of ensuring adequate scrutiny in emergency situations as well as the impact of COVID-19 upon the legal framework more generally. It will provide a valuable resource for policymakers, practitioners, and public servants.

part |11 pages

Introduction

part 1|99 pages

Theoretical and practical challenges for human rights

chapter 2|20 pages

COVID-19 and constitutional tensions

Conflicts between the state and the governed

chapter 3|18 pages

Human rights in times of emergency

COVID-19 taking the United Kingdom into uncharted territory

chapter 5|18 pages

Managing a pandemic

The securitisation of health and the challenge for fundamental freedoms

chapter 6|22 pages

Guaranteeing migrants' rights in a time of pandemics

The Portuguese exception

part 2|119 pages

Threats to personal, collective, and global security

chapter 8|18 pages

Subjects of surveillance

Human security and law in the wake of COVID-19

chapter 9|22 pages

The future of the European Strategy for Data

Impact analysis from the COVID-19 pandemic

chapter 10|20 pages

Analysing the use of technology in the fight against COVID-19

A look at China, Taiwan, South Korea, Iceland, and Israel from the perspective of ‘Technologies for Freedom’

chapter 11|18 pages

Virus-laden ships

International rights and obligations of coastal states regarding foreign ships feared to be carrying an infectious disease