The Impact of the Covid-19 Pandemic on Human Rights. Collective Research Project

Vasiliki Karagkouni (Hrsg.)

ISBN 978-3-8325-5665-5
150 Seiten, Erscheinungsjahr: 2024
Preis: 26.00 €
The Impact of the Covid-19 Pandemic on Human Rights. Collective Research Project https://doi.org/10.30819/5665

PDF – OpenAccess

Europe is characterised by developed liberal democracies that put a strong emphasis on the protection of human rights. Since the 1950’s, no major political or economic event has put in question the commitment of the European Union or the Member States to upholding the rule of law and to protecting fundamental human rights. The COVID-19 pandemic presented the first major challenge to these commitments. Despite the existing network of rules protecting human rights, it is undisputed that this network has been undermined by the governmental actions taken in response to the pandemic.

This publication is the result of a coordinated research effort by Frederick University academic staff to identify the impact of the COVID-19 pandemic on human rights through doctrinal, comparative, multidisciplinary and empirical research. In particular, the book addresses the following issues: the pandemic as a major challenge for women’s working life in the EU; digital transformation in the COVID-19 era; privacy vs public health in the case of COVID-19 tracing apps; effects of the pandemic crisis on general population mental health; employee rights during pandemic in social sciences; the impact of the pandemic on shipping; how criminal law helps to tackle the pandemic; corruption risks in public procurement in the context of COVID-19; and the continuous mutation of the raised issues among pandemic, law and the state.

Chapters

Introduction on the impact of the COVID-19 pandemic on human rights
Ioannis Revolidis
https://doi.org/10.30819/5665.01     pp: 11-15     2024-02-01

The impact of the COVID-19 pandemic on women's working life in the EU
Vasiliki Karagkouni
https://doi.org/10.30819/5665.02     pp: 17-30     2024-02-01
Keywords: gender equality, pandemic, equal pay, working life, financial independence

Abstract

The vision for Europe as enshrined in primary and secondary European Union (EU) law and also in ECJ and later CJEU case law rests on the fundamental principle that women should not be subject to stereotypes but have the opportunity to thrive. Equality for working women and men and the principle of equal pay for equal work or work of equal value are provided for plainly. However, sexism and gender stereotypes prevent women from actively participating in the labor market and entrepreneurship, while leading to lower wages, negatively affecting living standards, quality of life, and social inclusion as well as their professional and personal development. The pandemic has worsened the existing inequalities between women and men in the labor sector in the EU. Findings on job loss, income, the balance of a professional and private life, financial independence as consequences of the pandemic are presented in this chapter.

Digital transformation–digitalization in the COVID-19 era
Konstantinos Kouroupis
https://doi.org/10.30819/5665.03     pp: 31-46     2024-02-01
Keywords: privacy, digitalization, data rights, GDPR, EU Digital Agenda.

Abstract

Undoubtedly, the 11th of March 2020 is considered a landmark day in its modern history of humanity. The World Health Organization declared coronavirus disease 2019 (COVID-19) as a global pandemic. The global community as well as international organizations and institutions adopted several measures in order to tackle against the spread of COVID-19 and the protection of public health. The impact of the pandemic was omnipresent in every field of private and public life: economy, political, workplace, and communications. The period during the pandemic was marked by the lack of physical presence: ``social distancing'' emerged as the main concept of any national, international, or institutional strategy aiming at protecting global health. Therefore, living in such conditions, the pandemic due to COVID-19 led to an explosion of digitalization. This paper intends to demonstrate the special concept of the term in times of crisis, such as the aforementioned, as well as to put down some critical thoughts regarding the use of technology during the pandemic. The paper is divided into two sections. First, it provides the clarification and analysis of the term, according to the official guidelines of the EU Digital Agenda and European institutions. In addition, the definitions of other similar terms, such as digital transformation and e-governance, are provided. At a second level (Section II), a critical approach of the digitalization is attempted as it has been used in several areas of public life during the pandemic. The legality of the methods is thoroughly examined on the basis of the European regulatory framework and mainly of the General Data Protection Regulation. In terms of conclusion, the paper reveals the special nature and value of digitalization which marks the modern digital society. Having exposed some serious concerns regarding the protection of privacy and fundamental rights raised by the excessive use of technology, suggestions seeking the right balance between boosting scientific evolution and consolidating human rights and freedoms are proposed. The human-centric approach seems to be the key solution and as such would lead to further fruitful thoughts stimulating the entire scientific and academic community.

The Janus’s two faces in the case of tracing apps: Safety v. Privacy
Dimitrios Devetzis
https://doi.org/10.30819/5665.04     pp: 47-61     2024-02-01
Keywords: COVID-19, France, Germany, legislation, tracing apps

Abstract

The protection of both fundamental rights and public health became an issued point during the COVID-19 pandemic. With the exception of two member states of the European Union, the use of tracing apps was somehow implemented. Typical examples of tracing apps in EU member states are Germany and France. Critical to diagnosing the legality of adoption of related applications is the distinction, on the one hand, between the various technical characteristics that the related applications carry and, on the other, between centralized and decentralized systems of collecting data. The use of tracing apps raises various legal challenging questions relating to guarantees of the individuals' fundamental rights to privacy and data protection. The effectiveness of such apps in the fight against COVID-19 cannot be unequivocally accepted by jurisprudence, since in the case drastic and irreversible dangers and damages of privacy rights may occur.

Effects of the COVID-19 pandemic crisis on General Population Mental Health
Alexandros Argyriadis, Agathi Argyriadi
https://doi.org/10.30819/5665.05     pp: 63-74     2024-02-01
Keywords: Pandemic, COVID-19, Mental Health, Pandemic Impact, Crisis

Abstract

The outbreak of the coronavirus has brought unprecedented anxiety and fear to humanity, while recent research focuses on four main pillars of concern among the population. The first pillar is the possibility of infection by the virus, the second risk is related to the threat of life and health, the third to the biological effects of vaccines and disease, and the fourth factor concerns the impact of the pandemic on mental health and quality of life. The aim of this research was to study the effects of the pandemic crisis on the general population. Specifically, dimensions of physical, interpersonal, mental, and family-related quality of life were examined, while stress management behaviors were also studied. A qualitative methodology was chosen using interviews with an indicative sample of 20 individuals with the ultimate goal of detecting data for the design of a larger study. The results revealed several negative effects on mental health, and immediate strategies for their elimination are needed.

Employee rights during pandemic in social sciences
Stavros K. Parlalis, Demetris Hadjicharalambous
https://doi.org/10.30819/5665.06     pp: 75-91     2024-02-01
Keywords: labor rights, pandemic, work trends, social sciences, distance work

Abstract

All rights and duties in the employer-employee relationship are governed by employment law. The laws and rights governing employees are a major topic of legal conflicts concerning corporations. Employment law deals with legal matters as diverse as discrimination, wrongful termination, pay, overtime, and workplace safety due to the intricacy of employment relationships and the vast range of events that might occur. However, a new era for employee rights has arisen due to the coronavirus disease 2019 (COVID-19 ) conditions; teleworking, contingent workers, role separation, increased organizational complexity, and overall dehumanization of employees are some of them. Under these circumstances, the conditions at workplace have dramatically changed during the last two years; also, professionals in social sciences (e.g., social workers, psychologists, etc.) faced new changes and standards in their professional practice. Some of the main consequences indicated in the international literature can be summarized to the following points: increased workload, loss of employment, challenges with transition to virtual care, adapting in-person services, redeployment to new settings, and early retirement. This study aims to focus on the challenges faced by professionals in social sciences regarding their labor rights during pandemic and the future of work trends post-COVID-19.

The impact of COVID-19 pandemic on ship operations, ports, and the rights of seafarers
Ioannis Voudouris, Nicholas G. Berketis
https://doi.org/10.30819/5665.07     pp: 93-120     2024-02-01
Keywords: COVID-19, maritime industry, human rights, seafarers, ports, shipping operations, crew changes, frustration, force majeure, hardship, stranded seafarers, health, economic status, free pratique, Maritime Labor Convention, International Labor Organization, World Health Organization, International Health Regulations, Marine Insurance, Protection and Indemnity Clubs

Abstract

In December 2019, coronavirus disease 2019 (COVID-19), associated with severe acute respiratory syndrome, first appeared in Wuhan, China. This quickly led to a pandemic that caught the World Health Organization off guard. The virus spread rapidly from China to Japan, South Korea, Europe, and the United States, taking on global proportions. As a result, governments worldwide imposed progressive restrictions on various sectors of the economy and society, including mandatory lockdowns and border closures, in an effort to isolate cases and limit the spread of virus transmission. The COVID-19 pandemic had a significant impact on all sectors, particularly in international shipping. The logistical and ashore support for seafarers were severely affected. This study focuses on two main chapters: (1) the impact of the pandemic on shipping operations and ports and (2) the impact on individual seafarers' rights, with a particular focus on employment (crew change, leave, and repatriation), health (including mental well-being), and economic freedom (underpayment or nonpayment of salary and family aspects). Special references are also made to marine insurance covers.

How criminal law helps to tackle the pandemic
Aikaterini K. Sykiotis-Charalambakis
https://doi.org/10.30819/5665.08     pp: 121-138     2024-02-01
Keywords: pandemic, public health, criminal law, measures, penalties

Abstract

The recent emergence of the coronavirus disease 2019 pandemic has triggered the need to take and implement a series of measures to ensure a balance between individual rights and public health. As far as the Greek legal system is concerned, these measures are provided in Article 285 of the new Criminal Code, which aims to protect both public health and the dignity and health of citizens from the violation of the measures taken to prevent diseases. The Prosecutor of the Supreme Civil and Criminal Court of Greece has already indicated, through circulars issued, addressing to the prosecutor's offices throughout the country, to be on guard for the observance of legality and the alertness of citizens, regarding the measures against coronavirus, in relation to the fight and the spread of the disease. Article 285 of the CC describes in paragraph 1 thereof a crime of potential danger and prescribes in paragraphs 2 and 3 the felony form of the offence and in paragraph 4 the negligent commission of the criminal action. Consequently, a new circular was issued by the Prosecutor of the Supreme Civil and Criminal Court of Greece, concerning the consequences of the pandemic but also the compulsory law, following which joint ministerial decisions were issued to establish measures for the protection of public health. In this context, Article 183 of the CC is called for to safeguard public order, while Article 191 is introduced to prevent the spread of false news. The provision establishes a potential danger which threatens the socio-economic existence of the State in general and which is caused by the above-mentioned misinformation of the public. In conclusion, it is obvious that criminal law, despite its strict formulations, is called upon to serve as a guardian of public health.

Corruption risks in public procurement in the context of COVID-19
Maria Stylianidou
https://doi.org/10.30819/5665.09     pp: 139-157     2024-02-01
Keywords: resilience, emergency state, public procurement, transparency, integrity, infringement, direct awards, corruption

Abstract

The primary concerns of corruption risks posed by the pandemic in the field of public procurement are examined in this chapter. The COVID-19 epidemic significantly increased the likelihood of corruption. Massive resources were deployed to address the health and economic crises, which presented chances for corruption. Many corruption prevention and enforcement mechanisms were suspended owing to the emergency, however. A number of legal tenets of public procurement law were put into question by the COVID-19 ituation, which was unlike any other. Among other things, the traditional belief that direct negotiations between public buyers and sellers should be avoided. The potential of corruption during COVID-19 was a concern with the rule of law in and of itself. At the same time, it jeopardised the pandemic response, eroded much-needed public trust, wasted supplies and money, and slowed down the supply of aid to those in need. Best practices, pertinent standards, and available tools to fight corruption in the public procurement sector during the pandemic response and recovery period are also highlighted in this chapter.

Epimeter: Pandemic, Law, and State: The constant mutation of the raised issues -- Reflections and points to note
Panagiotis Degleris
https://doi.org/10.30819/5665.10     pp: 159-164     2024-02-01
Keywords: pandemic, law, state, new normal

Abstract

Pandemics are a very complex social phenomenon. The coronavirus disease 2019 pandemic tested fundamental rights almost all over the world and brought to light important issues. It is obvious that law, rights, and justice are the big losers in this pandemic. The fact that the anticipated return to normal will be a disaster is undisputable but not obvious. We can avoid this disaster if we change our priorities and many of our beliefs.  Pandemics should not be considered suspensions but accelerators of the historical evolution.