Challenges that the Covid-19 Pandemic Poses to the Rule of Law, Democracy, and Human Rights

Abstract

This article analyses the challenges that the pandemic caused by Covid-19 has presented for the rule of law, democracy, and human rights. The States have faced this pandemic, issuing states of emergency of various kinds, with extraordinary measures that include stay-at-home orders, social distancing, and the quarantine of people. These restrictive measures have affected, among others, the exercise of rights of public assembly and demonstrations and the holding of elections. Furthermore, the normal functioning of the controls of the legislative and judicial powers has been affected. The measures adopted have also highlighted the need to guarantee equal access to public health and to give differential treatment to certain vulnerable groups. All the extraordinary measures to face the pandemic must be within the Constitution and international law.

Keywords: pandemic, Covid-19, rule of law, democracy, human rights, states of emergency