Constitutional Court decision shows State of Emergency is not required
And why it’s more important than ever to ensure the legal protection of human rights.
|2020.04.01
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The Assembly could pass a new law that would set forth preventative measures against COVID-19 without declaring a State of Emergency.
“Normal measures or restrictions permitted by the Convention ... must be plainly inadequate before derogatory, emergency measures are permissible.”
Rik Daems, Council of Europe (March 24, 2020)The Court held that while the measures did not pass the test of “being foreseen by law,” they were otherwise proportionate and necessary.
The Security Force can be mobilized to provide further services without declaring a State of Emergency.
Essential social services to domestic violence shelters have been diminished during the lockdown.
Rina Kika
Rina Kika is a human rights lawyer and researcher. She represents cases of strategic litigation in human rights in Kosovo and has recently worked as a fellow for Amnesty International. She studied law at Duke University and the University of Zurich.
DISCLAIMERThe views of the writer do not necessarily reflect the views of Kosovo 2.0.
This story was originally written in English.