Derogation of rights in health emergencies:

study from the american and european system of human rights


  • Ana Cristina Gallego Hernández


Derogation; ECHR; ACHR.


Article 27 of the ACHR and 15 of the ECHR establish substantive and formal requirements so that, without affecting the hard core of Human Rights, States can suspend the full enjoyment and exercise of a right protected by the respective instruments. Regarding the current international health emergency caused by COVID-19, dozens of European and American states have suspended certain rights in order to adopt measures that allow them to essentially preserve the Right to health. This paper, combining the legal and exegetical method, examines the exceptional situation, whereby a State adopted certain measures that may imply the temporary derogation of Human Rights (for example, sanitary nature measures); what limits and procedural conditions are required in ECHR and ACHR. And, on the current COVID-19 pandemic, it will analyze what measures, based on derogation, seem necessary to adopt in situations of health emergencies.