Strani pravni život (Jan 2023)
Proportionality test during pandemic: Human rights versus public health
Abstract
Due to the covid-19 pandemic, some of the most important human rights and freedoms were restricted in many countries, so the question of balance between guaranteed rights and public health protection arises. The paper consists of three parts. The first part discusses the doctrinal positions on the proportionality test, the second part is devoted to the proportionality test in the practice of the European Court of Human Rights, while the third part is devoted to the proportionality test in the decisions of the constitutional courts of Germany and Bosnia and Herzegovina. Due to the importance of rights and freedoms in every state, as a barrier to the arbitrariness of state power, the importance of considering this topic is obvious. Dogmatic and comparative law methods will be used to examine the following hypothesis: the limitation of human rights is justified only to the extent that it is necessary for the protection of public health.
