Invoking Circumstances Precluding Wrongfulness as Regards International Responsibility for Violation of Human-Rights Obligations During the Covid-19 Pandemic
The COVID-19 pandemic has effected implementation of states' international obligations, especially in terms of international human rights law. the right to health was violated more than any other right. In addition, although quarantines, social distancing, travel and access-to-information bans were imposed to protect public health, the inefficiency of some states led to the violation of the right to freedom of movement and access to information. This article, based on descriptive-analytical method, while examining the implementation of these three rights in the COVID-19 pandemic, asks which precluding circumstances can be invoked by states to justify violations of their obligations? it seems, given the high threshold for proving force majeure, the pandemic does not meet all the requirements of this factor, such as the impossibility of materially performing obligations. But invoking distress and especially necessity is worthy of consideration. Given the differences between states in terms of the severity of the pandemic and the capacity to deal with it, these factors cannot be considered as equally applicable to all states.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.