The UK Government’s Covid-19 Response and Article 2 of the ECHR (Title I Dignity; Right to Life, Charter of Fundamental Rights of the EU)

BAROS, Miroslav (2020). The UK Government’s Covid-19 Response and Article 2 of the ECHR (Title I Dignity; Right to Life, Charter of Fundamental Rights of the EU). Laws, 9 (3), e19.

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Open Access URL: https://www.mdpi.com/2075-471X/9/3/19 (Published online)
Link to published version:: https://doi.org/10.3390/laws9030019
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    Abstract

    The purpose of this article is to assess the impact of the UK government’s response to the Covid-19 outbreak from a human rights perspective, particularly its apparent tension with Article 2 of the European Convention on Human Rights (ECHR) in relation to non-Covid-19 patients whose lives were put at risk by not being able to attend appointments and treatments for pre-existing conditions and illnesses. The UK has also rejected the application of the Charter of Fundamental Rights of the European Union with the European Union Withdrawal Act 2018, which will leave the population even more exposed to potential human rights violations. This seems to be a direct consequence of the narrative and slogan employed by the government: “Stay Home; Protect the NHS; Save Lives”. Other potentially threatened categories, the NHS staff and prisoners are also mentioned in the same context. The latter have already launched a judicial review application along the same lines: Article 2 of the ECHR and the due regard duty stemming from the Equality Act 2010. The NHS staff were directly at risk, and evidence was emerging almost on a daily basis that implied authorities’ responsibility for the shortage of personal protective equipment and testing kits. While there have been a number of discussions on other issues in relation to the lockdown and the strategy directly or indirectly impacting human rights, it appears that no discussion on the impact of the strategy for non-Covid-19 patients and other categories from a human rights perspective has taken place. This gap in analyses and literature merits the present analysis.

    Item Type: Article
    Additional Information: ** From MDPI via Jisc Publications Router ** Licence for this article: https://creativecommons.org/licenses/by/4.0/ **Journal IDs: eissn 2075-471X **History: published 31-08-2020; accepted 12-08-2020
    Uncontrolled Keywords: Article 2 of the ECHR, right to life, Charter of Fundamental Rights of the EU, positive duty to protect life
    Identification Number: https://doi.org/10.3390/laws9030019
    Page Range: e19
    SWORD Depositor: Colin Knott
    Depositing User: Colin Knott
    Date Deposited: 02 Sep 2020 12:25
    Last Modified: 02 Sep 2020 12:25
    URI: http://shura.shu.ac.uk/id/eprint/27141

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