Moldova activates derogation from application of European Convention on Human Rights
Moldova activated the article of the European Convention on Human Rights that allows for derogations from the implementation of the Convention in connection with the state of emergency related to the novel coronavirus pandemic declared on March 17, IPN reports.
It is the State’s responsibility to take measures to protect society in time of war or other public emergency. In such circumstances, Article 15 of the European Convention on Human Rights allows States Parties to derogate from certain of their obligations, subject to strict conditions, including the overarching principle of proportionality and the stringent test of what is “strictly required by the exigencies of the situation”.
Lawyer Victor Munteanu said the news item that Moldova asked the Council of Europe to apply Article 15 of the Convention in an exceptional way was overlooked in the public sphere.
The measures already in force or envisaged to be gradually implemented in connection with the state of emergency instituted for a period of 60 days triggered the necessity for the Republic of Moldova to derogate, in accordance with Article 15 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, from the application of certain provisions of the Convention and its Protocols, in particular, Article 11 of the Convention, Article 2 of the First Protocol and Article 2 of the Protocol No. 4. The information is available on the Council of Europe’s official website (https://rm.coe.int/09000016809cf9a2).
Faced with the COVID-19 pandemic, Latvia, Romania, and Armenia have also activated Article 15 of the European Convention on Human Rights. More countries are yet requested to take such steps.