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States of emergency and the legal questions over human rights restrictions

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Article

Kadriu, Osman

SEER. Journal for Labour and Social Affairs in Eastern Europe

2021

24

1

51-62

human rights ; epidemic disease ; state of emergency

Republic of Macedonia

Human rights

https://doi.org/10.5771/1435-2869-2021-1-51

English

Bibliogr.

"This article starts from the premise that human rights are the singular most important achievement won in political struggle. However, there remains a gap between the ideal and the practical reality which gives room for debate as to how, and in what circumstances, such rights can be restricted when a state of emergency arises. Within this framework, special attention is paid to the provisions of certain international documents related to the field of human rights as well as within a state's own national law. The article discusses in particular the possible abuses of human rights in the situation of a state of emergency and the legal safeguards that have been put in place. The article presents the specifics of the constitutional system of the Republic of North Macedonia, with a special analysis of the role of constitutional courts in the protection of human rights during a state of emergency, and concludes with a look at the declaration of a state of emergency in Macedonia during the Covid-19 pandemic and at the legality of the actions of the various institutions involved."

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