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Public Health as a Community Interest: What Role for the European Court of Human Rights?

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Seibert-Fohr, A. Public Health as a Community Interest: What Role for the European Court of Human Rights?. German Yearbook of International Law, 65(1), 129-142. https://doi.org/10.3790/gyil.2023.310259
Seibert-Fohr, Anja "Public Health as a Community Interest: What Role for the European Court of Human Rights?" German Yearbook of International Law 65.1, 2024, 129-142. https://doi.org/10.3790/gyil.2023.310259
Seibert-Fohr, Anja (2024): Public Health as a Community Interest: What Role for the European Court of Human Rights?, in: German Yearbook of International Law, vol. 65, iss. 1, 129-142, [online] https://doi.org/10.3790/gyil.2023.310259

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Public Health as a Community Interest: What Role for the European Court of Human Rights?

Seibert-Fohr, Anja

German Yearbook of International Law, Vol. 65 (2022), Iss. 1 : pp. 129–142

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Seibert-Fohr, Anja

Abstract

Abstract: The article considers the increasing role of public health issues in individual complaints brought before the European Court of Human Rights. On the basis of the Court’s recent jurisprudence, it shows how the Court allows necessary measures to protect public health as a relevant aspect of human rights protection without giving States ‘carte blanche’ to restrict excessively individual freedoms and liberty. On a more general level, the contribution evaluates to what extent proceedings before the Court can contribute to the protection of this important community interest. Using the example of public health, it seeks to respond to questions raised by Rüdiger Wolfrum in this volume about the role of international dispute settlement mechanisms for the defense of community interests.

Table of Contents

Section Title Page Action Price
Anja Seibert-Fohr\nPublic Health as a Community Interest: What Role for the European Court of Human Rights? 129
I. Introduction 129
II. The Protection of Public Health in the Court’s Jurisprudence 131
III. Sanitary Measures During the Covid-19 Pandemic and Their Impact on Individual Rights 133
IV. Protecting Public Health by Means of Individual Complaints 137
V. Conclusions 140