THE IMPACT OF THE COVID-19 PANDEMIC ON HUMAN RIGHTS - EUROPEAN COMPARATIVE PERSPECTIVE IN CRIMINAL TRAILS

Trajanovska, Vesna and Peovska, Natasha (2020) THE IMPACT OF THE COVID-19 PANDEMIC ON HUMAN RIGHTS - EUROPEAN COMPARATIVE PERSPECTIVE IN CRIMINAL TRAILS. INTERNATIONAL YEARBOOK (2).

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Abstract

Today, the world is facing a new challenge, called COVID-19. The pandemic caused
by this virus is a global, primarily health problem, but also a general problem that has
affected more than millions of people from almost every country on the planet. In such
circumstances, countries face the challenge of tackling an unknown enemy, protecting their
citizens, while not violating their freedoms and rights.
However, it seems that this all goes together, and the global pandemic dictates a new
way of running the "normal" functioning of the world, by imposing an urgent obligation to
undertake a series of "extraordinary" measures. However such extraordinary measures
largely encroach on the democratic values of the states, placing the enjoyment of human
rights and freedoms in question with the justification - achievement of the common good.
Hence, the picture is real of states that in the fight against the "invisible enemy" crossed the
allowed borders and went so far as to derogate rights, which should not be derogated under
any circumstances.
There are certain institutions, functions, and instruments that are a key link in a
democratic society and their work should not be completely stalled under any circumstances.
One of those links of democracy is the judicial system, and the work of the courts and the
judicial administration must not be questioned even under these conditions of a global
pandemic, primarily due to the fact that they are a guarantee for the realization of one of the
essential human rights - the right of access to justice and the right to a fair trial.
The Covid-19 outbreak has challenged long-established legal procedures, the
material functioning of the Court, the rule of law itself. In this article, videoconferencing in
court proceedings is seen not only as an exceptional measure, but as possibly an effective
part of the ordinary activity of courts. Fundamental rights at stake are taken into account,
among them the European Convention on Human Rights and EU Charter rights of the
defence, to effective remedies, to a fair trial, to be heard to a public hearing and to privacy.
20
Human physical presence is invaluable. However, the current Covid 19 situation
commands to treasure the earlier experience of the Spring 2020, and the absence of any
ideological approach is desirable, whether this is in favour or against videoconferencing in
Court.
Key words: human rights, access to justice, right to fair trial, COVID-19

Item Type:	Article
Subjects:	Scientific Fields (Frascati) > Social Sciences > Law
Divisions:	Faculty of Security
Depositing User:	Fbs Eprints
Date Deposited:	16 Oct 2022 16:44
Last Modified:	16 Oct 2022 16:44
URI:	https://eprints.uklo.edu.mk/id/eprint/6801

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