ABSTRACT

Chapter 1 sets out the aims of the book. The chapter explains that the book analyses the applicability of the provisions of the European Convention on Human Rights (ECHR) to issues raised by the COVID-19 pandemic and the emerging jurisprudence of the European Court of Human Rights relating to such issues. A brief discussion of the key facts surrounding the COVID-19 pandemic and state responses is presented and the applicability of the ECHR to issues relating to the pandemic is explained. ECHR claims in the context of the pandemic fall into two broad categories: those based on arguments that states did not put in place sufficient measures to protect individuals from the virus and those entailing arguments that the measures put in place themselves involved breaches of rights. The chapter also sets out the position regarding derogations by states in the context of the COVID-19 pandemic and explains that matters surrounding measures adopted in response to the pandemic and their compliance to the ECHR do not hinge on the question of whether they restricted the relevant rights but, rather, that they relate to the issue of whether these restrictions were legitimate. In addition, an outline of the forthcoming chapters is provided.