The judicial application of legal norms and the performance of the public administration with a human rights-based approach: a guarantee against the situation generated by COVID-19
The judicial application of legal norms and the performance of the public administration with a human rights-based approach: a guarantee against the situation generated by COVID-19

Author(s): M. Isabel Garrido Gómez
Subject(s): Social Sciences, Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Sociology, Health and medicine and law, Administrative Law
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: judicial application of legal norms; administrative action; human rights-based approach; guarantee; COVID-19
Summary/Abstract: Without a doubt, COVID-19 has marked a before and after in the lives of everybody around the worldand in every sphere. However, it has had a deeper and more serious impact on the most vulnerable andin those territories where poverty persists with great failings in achieving equality. This is the case forwomen, children, people with disabilities, ethnic and racial minorities, and immigrants, among othergroups, and for the regions of Latin American and the Caribbean.To overcome this situation, the best tool is that which recognises and guarantees human rights. In thissense, the content of the rights discourse must be assessed on a structural level, redirected to its componentparts together with the way in which they relate to one another, to mediation models and to theprinciples organising existing relationships; and in another functional area, which investigates the endsto be achieved from the internal and external, objective and subjective points of view. With this type ofreasoning, when rights are applied, it is required that we place ourselves in a sphere of complex structureswithin which those which are legal, political, economic, and sociological must be highlighted.

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