Emergency powers in a time of pandemic /
How do we maintain core values and rights when governments impose restrictive measures on our lives? Declaring a state of emergency is the best way to protect public health in a pandemic but how do these powers differ from those for national security and economic crises? This book explores how human...
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| Format: | Book |
| Language: | English |
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Bristol :
Bristol University Press,
2020
Bristol, UK : 2020 |
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Table of Contents:
- Front Cover
- Emergency Powers in a Time of Pandemic
- Copyright information
- Table of contents
- Notes on the Author
- Acknowledgments
- Introduction
- One The Pandemic State of Emergency
- Introduction
- What is a state of emergency?
- Declaring a state of emergency: who decides?
- Pandemics as a state of emergency
- The exceptional emergency response to COVID-19
- Implementing responses to the pandemic emergency through law
- 'Business as usual' models
- Emergency legislation: the 'legislative accommodation' model
- The signal sent by declaring a state of emergency
- Article 5.1(e) and the lawful detention of persons for the prevention of the spreading of infectious diseases
- Article 5.1(e) and the detention of healthy persons to prevent the spread of disease
- Lockdown: restriction or deprivation of liberty?
- The quarantining effect of Article 15
- Lockdown and qualified rights
- Assessing breaches of qualified rights
- Freedom of assembly and association during lockdown
- Pandemics and freedom of expression
- Pandemics and the right to property
- Conclusions: to derogate or not to derogate?
- Four Pandemics and Democracy
- Introduction
- Conclusions
- Two Pandemics and Human Rights: Non-Derogable Rights
- Introduction
- What are human rights?
- Sources of international human rights norms
- My view of rights
- Who protects human rights?
- COVID-19 and human rights
- Non-derogable rights and COVID-19
- Pandemics and the right to life
- Provision of adequate personal protective equipment
- Protection of individuals in state-run institutions
- Duty to investigate
- Conclusions
- Three Pandemics and Human Rights: Derogable Rights
- Introduction
- Lockdown
- Lockdown and liberty
- Six Conclusions: Breathing Space
- Introduction
- Pandemics and permanent states of emergency
- The permanent emergency threat
- Pandemics and economic crises
- Planning for the next pandemic: the importance of emergency preparedness
- Emergency preparedness and human rights
- Final conclusions
- Index
- Back Cover
- The importance of legislatures
- Delegating power to the executive
- Helping legislatures to sit
- Alternative methods of enabling legislatures to sit
- Holding elections during a pandemic
- Democracies, pandemics and the failure to respond
- Conclusions
- Five The End of the Pandemic Emergency
- Introduction
- The rush to normalcy
- Lifting lockdowns: from containment to mitigation and back again
- Contact tracing apps and the right to privacy
- Immunity certificates
- The discriminatory potential of immunity certificates
- Quarantine regimes and air bridges
- Conclusions