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Collected Papers of the Faculty of Law in Novi Sad, University in Novi Sad

2022, vol. LVI, No. 4, pp. 1193-1214

language of the paper: English

Overview paper

udk: 342.7(4)(094.2)

doi: 10.5937/zrpfns56-41253

Author:

Aleksandra Toroman

University of Novi Sad

Faculty of Law Novi Sads

aleksandra.toroman@outlook.com

ORCID ID: 0000-0003-3848-0620

Abstract:

The majority of human rights can be restricted in certain situations, despite their significance for every democratic society. That means that those rights are not absolute. Such situations represent, for example, war and states of emergency, according to the European Convention on Human Rights. Then, in order to protect the interest of the state and national security, human rights, that means the interests of individuals, come second. In that case, it is necessary to achieve a balance between the necessary restrictions and the preservation of the state’s interests. One of the best examples of the restrictions of human rights during a state of emergency is the period of Covid-19. Many rights, such as the right to respect for private and family life, were restricted during Covid-19 in a number of countries in Europe, but each country established its own measures according to its own situation. The cases regarding these restrictions and violations will be submitted to the European Court of Human Rights in the years to come.

Keywords:

restrictions, limitations, article 15 ECHR, relative human rights, Covid-19.