Studia Iuridica Lublinensia (Oct 2021)

The COVID-19 Pandemic as an Opportunity for a Permanent Reduction in Civil Rights

  • Paweł Chmielnicki,
  • Dobrochna Minich,
  • Radosław Rybkowski,
  • Michał Stachura,
  • Konrad Szocik

DOI
https://doi.org/10.17951/sil.2021.30.4.77-109
Journal volume & issue
Vol. 30, no. 4
pp. 77 – 109

Abstract

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The COVID-19 pandemic has had far-reaching effects, which are primarily being felt in the functioning of the health service, the organization of social life, and the state of the national economy. It is also worth paying attention to the legal and political consequences which are less obvious and noticeable for average citizens. One of the most important is the change in legislation which entails limiting civil liberties and rights. This article is on empirical proof of how Polish legislation is reducing fundamental rights. The authorities in combatting the pandemic are not using the solutions that appear in the Polish Constitution, but use the non-constitutional form of special laws. The authors, therefore, when discussing the problem refer to US legislation and policy which has the notable example of the Patriot Act which can be interpreted as being a pretext for limiting civil liberties in the name of combating terrorism. As stated, such emergencies as the current pandemic or the threat of terrorism, are used to permanently and significantly reduce civil rights.

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