Covid-19 and the Charter of Fundamental Rights of the European Union : an analysis

Abstract

Presidents of different nations used the war rhetoric when addressing their nations in justifying the implementation of drastic actions to halt the contagion of the Coronavirus. One of the main areas which is continuously being discussed on the media around the world, is that Covid-19 has led to suppression of certain liberties. Suppression of liberties raised riots and protests, as fundamental human rights were being limited. An in-depth examination will take place on whether the fundamental human rights of European citizens are being suppressed. This study shall involve a comparative examination on how Member States have reacted to the human rights conflicts arising within their nation. From such comparative approach, one would be able to evaluate the outcome of whether fundamental rights safeguarded within the European Union are being restrained. This analysis shall not only be tackling various aspects of the Charter of Fundamental Rights of the European Union, but it will also delve in other areas, for instance, it shall be tackling issues related to the fundamental freedoms. Moreover, since the European Union considers public health as one of the exceptions to the rule in relation to human rights, this dissertation will examine whether suppression of fundamental rights is inevitable in such circumstances. Keeping in mind that sometimes suppression of human rights might be unavoidable, the concepts of limitation and derogation in relation to the Charter of Fundamental Rights of the European Union shall be discussed. Although the pandemic is still evolving at the time of writing, this comparative analysis will shed light on whether Member States are complying with the Charter of Fundamental Rights of the European Union and whether such rights are being suppressed by the decisions taken by the statemen in such unprecedented circumstances. Moreover, this chapter will further discuss pit falls that Member States should avoid in truly safeguarding the fundamental rights of the European citizens. By way of conclusion, a chapter will be dedicated on the way forward and whether the current approach needs changing.