L’emergenza Covid-19 “vista dall’alto”. CEDU e Patto sui Diritti Civili e Politici: un prisma per orientarsi in una riflessione sull’emergenza Coronavirus nel contesto italiano

Abstract

The Covid-19 emergency “seen from the above”. ECHR and ICCPR: a prism to orient in a reflection on the Coronavirus emergency in the Italian context – The Covid-19 pandemic has been putting an exceptional pressure on the Italian legal system. The severe limitations of fundamental freedoms, considered together with the exercise of a normative function based on this emergency, need to be examined by legal scholars. It is necessary to investigate on “what” can be limited in time of emergency, and “how” emergency measures should be adopted. This contribution, using the international system for the protection of human rights as a prism, attempts to verify, whether emergency powers and measures have respected international human rights standards, considering the obligations under the International Covenant on Civil and Political Rights and the European Convention.