DEROGAREA DE LA DISPOZIŢIILE CONVENŢIEI PENTRU APĂRAREA DREPTURILOR OMULUI ŞI LIBERTĂŢILOR FUNDAMENTALE ÎN CAZ DE STARE DE URGENŢĂ
DEROGATION IN TIME OF EMERGENCY UNDER THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

Summary/Abstract: In time of war or other public emergency threatening the life of the nation any High Contracting Party may take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law. Convention rights do not allow of any derogation. On a procedural level, the State availing itself of this right of derogation must keep the Secretary General of the Council of Europe fully informed. On 16 March 2020 the President of Romania decreed state of emergency on the territory of Romania in order to ensure the containment of the spread of SARS-CoV- 2 virus on the territory of Romania. The Decree includes the emergency measures of immediate and gradual application deemed necessary in order to limit the spread of the virus and ensure public health at national level. Some of the measures taken in this context involve derogations from the obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms.

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