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

25 Pages Posted: 30 Jun 2020

See all articles by Carlos Ayala Corao

Carlos Ayala Corao

Universidad Católica Andrés Bello (UCAB)

Date Written: June 29, 2020

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

Suggested Citation

Ayala Corao, Carlos, Challenges that the Covid-19 Pandemic Poses to the Rule of Law, Democracy, and Human Rights (June 29, 2020). Max Planck Institute for Comparative Public Law & International Law (MPIL) Research Paper No. 2020-23, Available at SSRN: https://ssrn.com/abstract=3638158 or http://dx.doi.org/10.2139/ssrn.3638158

Carlos Ayala Corao (Contact Author)

Universidad Católica Andrés Bello (UCAB)

Av. Teherán
Urb. Montalbán, La Vega
Caracas, Distrito Capital 1020
Venezuela

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