The Exercise of Freedom of Expression and Freedom of Assembly and Association during the Fight against COVID-19

• Jurisdiction: European Union
• Year: 2021
• Author: Antoine Buyse

Speaker

Antoine Buyse is full professor of human rights and director of the Netherlands Institute of Human Rights (SIM). He is Editor-in-Chief of the Netherlands Quarterly of Human Rights, member of the editorial board of the Dutch human rights review, and he hosts a weblog about the European Convention on Human Rights. He is connected to the Utrecht Centre for Global Challenges (UGLOBE), the Montaigne Centre for Judicial Administration and Conflict Resolution and the University's strategic theme 'Institutions'. His current research focuses on European human rights and the position of civil society and civic space.

Topic

In his comprehensive analysis, Antoine Buyse delves deep into the various strategies employed by states in response to the unprecedented challenges posed by the Covid-19 pandemic. His scrutiny primarily centers on the measures implemented to curtail public gatherings and restrict freedom of movement, two pivotal aspects of pandemic management. In assessing the legitimacy of these restrictions, Buyse meticulously examines whether they meet the rigorous criteria of being both necessary and proportionate given the unique circumstances at hand.

The cornerstone of Buyse's examination lies in the fundamental principle that any restriction imposed on public gatherings or freedom of movement in the name of public health must be grounded in a clear and compelling justification. It is not enough for governments to merely claim that these restrictions are essential; they must demonstrate their necessity by providing substantial evidence that these measures are crucial in mitigating the spread of the virus and safeguarding public health.

Furthermore, the concept of proportionality plays a central role in Buyse's analysis. He closely scrutinizes whether the restrictions imposed by states align with the severity of the pandemic. Restrictions should be tailored to the specific needs of the situation, ensuring that they are neither overly broad nor excessively restrictive. The proportionality principle underscores the importance of striking a balance between safeguarding public health and protecting individual rights and liberties.

One critical...