Emergencies in the Inter-American Human Rights System: the Example of Ecuador in Times of COVID-19

Abstract

The paper examines the handling of emergencies in the Inter-American human rights system, by using Ecuador’s response to the COVID-19 pandemic as an example. It argues that human rights and rule of law guarantees are critical safeguards to deal with states of emergency. From a substantive human rights perspective, the paper highlights the importance of absolute limits, proportionality assessments and non-discrimination considerations; from a procedurally/rule of law-oriented perspective, it emphasizes the significance of effective remedies and an independent judiciary. Guarantees at the domestic level are required by the regional emergency constitution (Article 27 of the American Convention on Human Rights) as well as by Article 4 of the International Covenant on Civil and Political Rights. The practical importance of such domestic safeguards/guarantees is shown in the case of Ecuador where careful crisis management in particular by the Ecuadorian Constitutional Court has responsibly contained executive emergency powers also in times of COVID-19.