Front Cover
Emergency Powers in a Time of Pandemic
Copyright information
Table of contents
Notes on the Author
Acknowledgments
Introduction
One The Pandemic State of Emergency
Introduction
What is a state of emergency?
Declaring a state of emergency: who decides?
Pandemics as a state of emergency
The exceptional emergency response to COVID-19
Implementing responses to the pandemic emergency through law
'Business as usual' models
Emergency legislation: the 'legislative accommodation' model
The signal sent by declaring a state of emergency

Conclusions
Two Pandemics and Human Rights: Non-Derogable Rights
Introduction
What are human rights?
Sources of international human rights norms
My view of rights
Who protects human rights?
COVID-19 and human rights
Non-derogable rights and COVID-19
Pandemics and the right to life
Provision of adequate personal protective equipment
Protection of individuals in state-run institutions
Duty to investigate
Conclusions
Three Pandemics and Human Rights: Derogable Rights
Introduction
Lockdown
Lockdown and liberty

Article 5.1(e) and the lawful detention of persons for the prevention of the spreading of infectious diseases
Article 5.1(e) and the detention of healthy persons to prevent the spread of disease
Lockdown: restriction or deprivation of liberty?
The quarantining effect of Article 15
Lockdown and qualified rights
Assessing breaches of qualified rights
Freedom of assembly and association during lockdown
Pandemics and freedom of expression
Pandemics and the right to property
Conclusions: to derogate or not to derogate?
Four Pandemics and Democracy
Introduction

The importance of legislatures
Delegating power to the executive
Helping legislatures to sit
Alternative methods of enabling legislatures to sit
Holding elections during a pandemic
Democracies, pandemics and the failure to respond
Conclusions
Five The End of the Pandemic Emergency
Introduction
The rush to normalcy
Lifting lockdowns: from containment to mitigation and back again
Contact tracing apps and the right to privacy
Immunity certificates
The discriminatory potential of immunity certificates
Quarantine regimes and air bridges
Conclusions

Six Conclusions: Breathing Space
Introduction
Pandemics and permanent states of emergency
The permanent emergency threat
Pandemics and economic crises
Planning for the next pandemic: the importance of emergency preparedness
Emergency preparedness and human rights
Final conclusions
Index
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