Rechtsidee
Vol 11 No 1 (2023): June
Human Rights

COVID-19 Crisis and the State of Emergency: Analyzing Impacts, Paradoxes, and Recommendations

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  • Salim Neamah*,
  • Ahmed Rawdhan,
  • Haeder Rashed
Salim Neamah
university of Kerbala, Iraq *
Bio

(*) Corresponding Author
DOI: https://doi.org/10.21070/jihr.v12i1.989


Picture in here are illustration from public domain image or provided by the author, as part of their works
Published June 29, 2023
Keywords
  • COVID-19,
  • state of emergency,
  • human rights,
  • global health,
  • recommendations
How to Cite
Neamah, S., Rawdhan, A., & Rashed, H. (2023). COVID-19 Crisis and the State of Emergency: Analyzing Impacts, Paradoxes, and Recommendations. Rechtsidee, 11(1), 10.21070/jihr.v12i1.989. https://doi.org/10.21070/jihr.v12i1.989

Copyright (c) 2023 Salim Neamah, Ahmed Rawdhan, Haeder Rashed (Author)

Creative Commons License

This work is licensed under a Creative Commons Attribution 4.0 International License.

 
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Abstract

This scientific article examines the exceptional situation that emerged during the COVID-19 pandemic and the subsequent imposition of states of emergency, which raised concerns about potential abuses of power by governments. Employing analytical and comparative approaches, the research explores the connection between the pandemic and its effects on human rights and freedoms, particularly regarding movement and assembly restrictions. The study highlights the diverse implementation of states of emergency across countries during the crisis. The findings reveal international gaps in preparedness, the violation of human rights, and the potential exploitation of emergencies for other purposes. Recommendations include enhancing international cooperation, reevaluating intellectual property rights related to combating epidemics, establishing a global health cooperation fund, setting reasonable limits for emergency measures, and implementing internal monitoring committees to ensure the proportionality of restrictions. These insights have significant implications for global health security, human rights protection, and international collaboration in response to future health emergencies.
Highlights:

  • Impact of state of emergency: Examining the repercussions of COVID-19 pandemic emergency measures on human rights.

  • Global health challenges: Assessing health system effectiveness in confronting COVID-19 and its impact on human rights.

  • Recommendations for action: Proposing measures for international cooperation, intellectual property rights reconsideration, establishing a health cooperation fund, setting reasonable emergency limits, and implementing monitoring committees.

Keywords: COVID-19, state of emergency, human rights, global health, recommendations.

 

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References

  1. W. Wade and A. Phillips, "Constitutional and Administrative Law," 9th ed., 1977.
  2. E. S. Corwin, "The President: Office and Powers," 1940.
  3. L. Drago, "L'état d'urgence et les libertés publiques," Revue de droit public, 1955.
  4. M. Al-Wakil, "The State of Emergency and the Administrative Control Authorities: A Comparative Study," 2nd ed., Dar Al-Nahda Al-Arabiya, Egypt, 2003.
  5. Z. M. A. H. Mahfouz, "The State of Emergency in Comparative Law and in the Legislation of the United Arab Republic," 1st ed., Al-Ma'arif Alexandria, Egypt, 1966.
  6. M. A. Ibrahim, "Guarantees of Individuals under Exceptional Circumstances in the International and Administrative Fields: A Comparative Study," 2008.
  7. A. H. Shawarbi and S. Jadallah, "The Defect of Unconstitutionality and Legality of the Decision Declaring and Extending the State of Emergency and Military Orders," Manshaat Al-Ma'arif, Alexandria, 2000.
  8. A. H. Ahmed, "The Council of Ministers in the Constitutions of Iraq during the Republican Era," Master's thesis, College of Law, University of Baghdad, 1997.
  9. Z. M. A. H. Mahfouz, "The State of Emergency in Comparative Law and in the Legislation of the Arab Republic," 2010.
  10. H. Mustafa, "Principles of Iraqi Administrative Law," Al-Ahlia Printing and Publishing Company, Baghdad, 1960.
  11. International Health Regulations of the World Health Organization, 3rd ed., Printing and Publishing Division, 2005.
  12. Reverso Dictionary, available at: https://dictionnaire.reverso.net/francais-definition/Urgence+Sanitaire. Accessed April 2023.
  13. "Qu'est-ce que l'état d'urgence sanitaire?" [Online]. Available: https://www.viepublique.fr/fiches/273947-quest-ce-que-letat-durgence-sanitaire. Accessed April 2023.
  14. European Convention on Human Rights, Council of Europe, 1950. Available: https://www.echr.coe.int/documents/convention_eng.pdf. Accessed April 2023.
  15. "Novel Coronavirus (2019-nCoV) outbreak," United Nations, Jan. 30, 2020. [Online]. Available: https://news.un.org/ar/story/2020/01/1048322. Accessed April 16, 2023.
  16. "Covid-19: أرقام وآخر المستجدات في فرنسا والعالم," France 24, June 10, 2020. [Online]. Available: https://www.france24.com/ar/20200610-%D9%8. Accessed April 16, 2023.
  17. Emergency Law No. 22 of 2020, Official Gazette Issue (18) bis (a), May 6, 2020.
  18. National Safety Order No. (1) of 2004, issued on March 7, 2004, published in the Official Gazette, Issue No. 3987 of 2004.
  19. "The Iraqi presidency, a proposal to declare a state of health emergency under discussion," Al Mayadeen, March 15, 2020. [Online]. Available: https://www.almayadeen.net/news/politics/1386110. Accessed April 17, 2023.
  20. "Guidelines on Freedom of Peaceful Assembly," Office for Democratic Institutions and Human Rights (ODHIR), Organization for Security and Cooperation in Europe (OSCE), Poland, 2012.
  21. The Copenhagen Meeting of The Conference On The Human Dimension Of The CSCE, Rule 9.2, 1990.
  22. "Handbook for Monitoring Peaceful Assembly," Office for Democratic Institutions and Human Rights (ODHIR), Organization for Security and Cooperation in Europe (OSCE), Poland, 2013.
  23. United Nations, "10 Principles for the Proper Management of Assemblies," September 2016, published by the Special Rapporteur on the rights to freedom of peaceful assembly and of association.
  24. "General Comment No. 27, Article 12 (Freedom of Movement)," Committee on Civil and Political Rights, Sixty-seventh Session, 1999.