Applying the Proportionality Principle to COVID-19 Certificates

2021 ◽  
pp. 1-11
Author(s):  
Evelyn PARIS
Keyword(s):  
Human Rights ◽  
Economic Activity ◽  
Legal Analysis ◽  
Public And Private ◽  
Certification System ◽  
The World ◽  
Second Year ◽  
Proportionality Test ◽  
Private Actors ◽  
Proportionality Principle

With the SARS-CoV-2 pandemic entering its second year, public and private actors alike grow eager to achieve some semblance of normality. In this context, the idea of “vaccination passports” or “immunity certificates” as a means of resuming social and economic activity has been gaining momentum all around the world. This article aims to provide a legal analysis of this initiative through the lens of the proportionality principle. A proportionality test is conducted in order to determine whether the degree of infringement of the human rights implicated is balanced by the potential of a certification system to mitigate the risks of the virus. The results from this analysis show that the targeted aims can be achieved through already existing measures with a lesser impact on civil and fundamental human rights. Moreover, in a context of uncertainty around the immunopathology of COVID-19, the introduction of these certificates presents ethical and scientific challenges, which lead us to believe that this measure is unlikely to play a central role in stopping the spread of the disease, and it could set the pace for a dangerous precedent, allowing for extensive discrimination and exacerbating already existing inequalities and disparities.

Fundamental notions

2020 ◽  
pp. 26-53
Author(s):  
Raphaël Gellert
Keyword(s):  
Risk Management ◽  
Human Rights ◽  
Data Protection ◽  
European Convention ◽  
Comprehensive Overview ◽  
Iso Standards ◽  
Depth Analysis ◽  
Proportionality Test ◽  
Proportionality Principle

The goal of this chapter is twofold. First, it provides a comprehensive overview of two key notions: risk and regulation. In the case of risk this includes the following. An explanation of risk and risk management, including an appraisal and description of the technical notion of risk as it appears in ISO Standards. It also provides for a discussion of some of the key methods for assessing and managing risks, including some of the main drawbacks and criticisms that have been raised against the use of risk management. In the case of regulation, it includes a more in-depth analysis of the notion, and of its constitutive elements; a discussion on the conflation between law and regulation; and a discussion on what exactly the object of regulation is. These discussions of key caveats pertaining to these two notions serve as the backbone of many of the analyses carried out in later chapters (e.g. understanding data protection in the light of the constitutive elements of regulation, discussing various methods for data protection risk management, etc). Second, beyond these caveats, this chapter also shows and contrasts how both risk and regulation can be analysed as a matter of two balancing exercises with associated safeguards, and hence, as variations around the proportionality principle. A grid at the end of the chapter summarises this, with reference to the European Convention on Human Rights proportionality test.

Cultural Human Rights and the Problems of their Implementation in the Modern World

2019 ◽  
Vol 9 (5) ◽  
pp. 1591
Author(s):  
Aksunkar I. BIRMANOVA ◽  
Galym KOZHAKHMETOV ◽  
Maira Sh. KAKIMOVA
Keyword(s):  
Human Rights ◽  
Action Plan ◽  
Legal Regulation ◽  
Modern World ◽  
International Level ◽  
Legal Analysis ◽  
Effective Mechanism ◽  
Cultural Rights ◽  
The World ◽  
Scientific Substantiation

Modern globalization processes cause the transformation of the substantive aspect of human rights, which requires their scientific substantiation. The article is devoted to the theoretical and methodological analysis of cultural human rights, as well as the problems of their realization in the modern world under the influence of socio-economic, political and spiritual modifications. As a result of the study, the axiological importance of implementation of person’s cultural rights has been proved and the interrelation with other, no less important, human rights has been shown; factors of an objective and subjective nature that impede the protection and realization of cultural human rights are established. The comparative legal analysis of constitutional propositions, national laws and international legal acts in the sphere of recognition and realization of cultural rights made it possible to reveal the reform trends in their legal regulation in the democratic states of the world. Given the lack of a unified doctrinal paradigm of understanding cultural rights, the adoption of a universal strategic international legal act aimed at promoting the realization of cultural human rights in the modern world – the ‘International Action Plan for Developing an Effective Mechanism for the Implementation of Cultural Human Rights in the age of Globalization’ was proposed at the international level.

Introduction

2021 ◽  
pp. 1-12
Author(s):  
Maxwell Hartt ◽  
Samantha Biglieri
Keyword(s):  
Older Adults ◽  
Aging Population ◽  
Community Level ◽  
World Health ◽  
Community Members ◽  
Public And Private ◽  
Health And Wellbeing ◽  
The World ◽  
The Difference ◽  
Private Actors

This chapter provides a background on how community-level factors can be the difference between enabling and disabling older adults, which sheds light on the debates and discussions needed to help Canadians age better. It gives an overview and critique of the World Health Organization's (WHO) Age-Friendly City (AFC) model. It also fills the disciplinary and geographic gap in the aging literature by focusing on the local and generates a wider, more inclusive, discussion on aging in Canadian communities. The chapter embraces debates from a range of disciplines, public and private actors, and individual community members and highlights the diversity of challenges, opportunities, and policies influencing and being influenced by Canada's aging population. It addresses the questions on how well Canada's homes support the health and wellbeing of older adults and what can be done to make it better.

Concluding Comments

2017 ◽  
Author(s):  
James A. Gross
Keyword(s):  
Human Rights ◽  
Collective Bargaining ◽  
Economic Activity ◽  
Law School ◽  
Business Activity ◽  
Legal Systems ◽  
Freedom Of Association ◽  
The World ◽  
The U.S ◽  
At Will

The concluding chapter makes a number of points: the Act is not neutral, but is intended to promote and protect workers’ rights; the international community recognizes the freedom of association and collective bargaining as human rights; and calls for visionary thinking including elimination of employment at will, revamping law school education to connect with workplace realities, the Board to consider the perspectives of other legal systems around the world, consideration of the U.S. Constitution as a source of workers’ rights, and abandonment of the pluralist values which would transform workers’ rights into workers’ interests–self-interested, economic activity no different than business activity.

Global Governance und Menschenrechte

2020 ◽  
Author(s):  
Janne Mende
Keyword(s):  
Human Rights ◽  
Global Governance ◽  
Public And Private ◽  
Public Spheres ◽  
The Public ◽  
Normative Power ◽  
Private And Public ◽  
Decision Making Processes ◽  
New Perspective ◽  
Private Actors

Globalisation and global governance mean that private actors are involved in public regulation and decision-making processes. Companies in particular are experiencing an increase in power that goes far beyond mere economic indicators; that is, they are also gaining political and normative power. This book examines the opportunities and challenges that result from this, which are particularly evident in the field of international human rights. Public human rights are being challenged by the political and normative power of private actors. This does not only change human rights and global governance actors, but also requires a new perspective on both the private and public spheres. This book therefore develops a perspective on the hybrid, societal roles of companies, which form a third domain situated between and simultaneously beyond the public and private spheres.

scholarly journals Legal measures to Expand the Access to Treatment during the Pandemic in Ukraine and in the World

Medicne pravo ◽  
2020 ◽  
Vol 2020 (2) ◽  
pp. 34-48
Author(s):  
O. Y. KASHYNTSEVA ◽  
◽  
M. M. TROFYMENKO ◽  
Keyword(s):  
Human Rights ◽  
Access To Medicines ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Access To Treatment ◽  
Compulsory Licensing ◽  
Patent Rights ◽  
The World ◽  
The Government ◽  
Managed Entry Agreements

The article concerns the comparative legal analysis of managed entryagreements (MEAs), compulsory licenses on inventions and the use of pat-ented inventions without the permission of an owner of the patent rights in order to ensure the health of the population and in emergency circum-stances. The authors determine the essential conditions and special fea-tures of such agreements. In article the authors present the analysis of theinternational legal regulation of the market of patent rights in the field ofpharmacy. Managed entry agreements are the effective legal instrumentfor ensuring access to innovative medicines, which are still in the post-clin-ical stage, while the compulsory licensing and the government use in thepublic interests could expand access to generic versions of medicines. All ofmentioned legal measures are available in Ukrainian legislation, but noneof them has been used yet. Key words: managed entry agreements, compulsory licenses, govern-ment use, intellectual property, human rights, access to medicines.

Proportionality in English Administrative Law: Resistance and Strategy in Relational Dynamics

2021 ◽  
Vol 14 (1) ◽  
pp. 65-93
Author(s):  
Sophie Boyron ◽  
Yseult Marique
Keyword(s):  
Human Rights ◽  
Administrative Law ◽  
Contextual Analysis ◽  
European Convention ◽  
European Law ◽  
Relational Dynamics ◽  
Judicial Control ◽  
Administrative Action ◽  
The World ◽  
Proportionality Test

Proportionality is at the centre of heated debates in English administrative law. It has been adopted for matters pertaining to European law and the European Convention on Human Rights, but its use in other areas parts of English administrative law is highly contentious. While some arguments in favour or against applying proportionality in England are similar to those exchanged in relation to other legal systems (such as tensions between increased objectivity in judicial control over administrative action vs. the desirability of more limited control), other arguments are more specific to English administrative law. To understand the challenges encountered by proportionality in English administrative law, this paper adopts a contextual analysis, putting the emphasis on the relational dynamics framing the interactions between the main actors involved in the proportionality test. Paradoxically, this perspective rehabilitates the analysis of the legal techniques behind transplants such as proportionality: indeed, transplants are vehicles for legal changes in ways that go beyond the circulation of ideas across the world. Instead of being merely superficial and rhetorical, transplants engage deeply with the whole gamut of institutions and actors in a legal system, calling on them to rearticulate their implied and explicit relationships.

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