Türkiye Adalet Akademisi Dergisi

Yazarlar: Dikran M. ZENGİNKUZUCU

Konular:Hukuk

Anahtar Kelimeler:Coronavirus,COVID-19,Human rights law

Özet: In the beginning of 2020, COVID-19 pandemic rapidly surrendered the World and affected the life of millions. While the governments have tried to take preventive measures against the pandemic, many people died, or their life have been endangered due to lack of preparedness and resources. This article examines the question of whether the States are entitled to derogate from their responsibility of securing the right to health in conjunction with the right to life of everyone within their jurisdiction in the event of such a pandemic. In this regard the article discusses the state responsibility to take necessary measures as well as right of the population to access to healthcare services in extraordinary times. In this context, the article also considers states’ right of choice in the use of scarce resources and the situation of the hopeless patients. Subsequently, the rights of the restricted groups, namely prisoners and asylum-seekers, are evaluated. Finally, it is concluded that a state shall secure the right of health based on the non-derogable right to life of everyone without discrimination even in such a pandemic situation by preventive measures and its choices on the distribution of resources.

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