Constitutional Guarantees and Covid-19: Constitutional Analysis in Times of Pandemic

Abstract

States face enormous challenges in trying to protect their inhabitants from the threat of COVID-19, one year after the measures adopted by States that inevitably invaded the rights and freedoms, which are an integral and necessary part of a democratic society , a central challenge has always been posed to be able to amalgamate these “unhappy” measures with constitutional and international human rights norms. The legal analysis of the situation caused by the “pandemic” is as complicated to address as the pandemic itself: since, as we said before, it is extremely complex to achieve an adequate, fair and legal balance between the measures to stop the spread from the virus and protect the lives of its inhabitants, while fully respecting constitutional guarantees and human rights.