during a state of emergency, as is the case with Covid-19, are obliged to respect
human rights. Where they take measures that restrict human rights, they must
observe the provisions of Article 27(2) of the Charter, which sets out that “[t]he
rights and freedoms of each individual shall be exercised with due regard to the rights of
others, collective security, morality and common interest.”
74. The Court further notes that measures restrictive of rights must also comply with
Article 2 of the Charter, which provides that
Every individual shall be entitled to the enjoyment of the rights and
freedoms recognized and guaranteed in the present Charter without
distinction of any kind such as race, ethnic group, color, sex, language,
religion, political or any other opinion, national and social origin, fortune,
birth or other status.
75. The Court also considers applicable to the regime of restrictions Article 4(1) and
(2) of the International Covenant on Civil and Political Rights (ICCPR), which
provides that
1. In time of public emergency which threatens the life of the nation and the
existence of which is officially proclaimed, the State Parties to the present
Covenant may take measures derogating from their obligations under the
present Covenant to the extent strictly required by the exigencies of the
situation, provided that such measures are not inconsistent with their other
obligations under international law and do not involve discrimination solely
on the ground of race, color, sex, language, religion or social origin.
2. No derogation from articles 6, 7, 8 (paragraphs 1 and 2), 11, 15, 16 and
18 may be made under this provision.28
28
These provisions relate, respectively, to the right to life; the prohibition of torture, cruel, inhuman or
degrading treatment or punishment; the prohibition of all forms of slavery, the slave-trade and servitude;
the ban of prison for breach of contract; the principle of non-retroactivity of criminal law; the right of everyone
to legal personality; the right to freedom of thought, conscience and religion or to adopt a belief of his choice.
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