A state of emergency gives a government powers it would not otherwise be able to exercise for the safety and protection of its citizens. The powers can be applied before, during or after a natural disaster, civil unrest, armed conflict, medical pandemic or other biosecurity risk. But the power to declare a state of emergency can also lead to an abuse of that power, which is why there are often constitutional safeguards on the application of this power.
The Constitutions of Estonia and Chile, for example, define varying levels of emergency with corresponding powers, and require conditionality over their use. Both states notify derogations under the American Convention on Human Rights [ACHR], European Convention on Human Rights [ECHR] and International Covenant on Civil and Political Rights [ICCPR]. In contrast, France has adopted an ‘unofficial’ state of emergency called a ‘health emergency’ that mimics pre-existing provisions for a state of emergency while still allowing the executive to decide its duration and granting parliament limited oversight.
The COVID-19 and States of Emergency Symposium traces the height of global legal reaction to the pandemic, exploring how states are responding to this extraordinary event. It looks at whether these constitutional protections are working, and at the dangers of a state of emergency.
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