1st Edition
Global Pandemic, Security and Human Rights Comparative Explorations of COVID-19 and the Law
This book presents an international and comparative exploration of how the COVID-19 global pandemic has affected and impacted on issues of human rights, security, and law.
Throughout the world, the COVID-19 global pandemic has fundamentally impacted and altered our way of life. As this book sets out, all states have had to contend with similar challenges as well as competing interests and obligations affecting human rights and security. These challenges present very few simple choices but nonetheless carry enormous consequences. Organised into two thematic and distinct yet interrelated parts, first on theoretical and practical challenges for human rights and second on threats to personal, collective, and global security, the book examines how the ability of states to safeguard our fundamental rights and security, broadly defined, has been challenged. Questions about the legality and legal impact of recent responses to COVID-19 will persist for some time. It is often said that global problems require coordinated global solutions, but the various responses to the pandemic by states suggest a notable lack of a consensus amongst the international community.
The book will be of interest to academics and researchers working in the areas of human rights law and security law. It will also appeal to constitutional lawyers, given the nature of law-making and the challenge of ensuring adequate scrutiny in emergency situations as well as the impact of COVID-19 upon the legal framework more generally. It will provide a valuable resource for policymakers, practitioners, and public servants.
Introduction
Chapter 1. Human rights and security in the COVID-19 era
Dr Ben Stanford, Dr Steve Foster and Professor Carlos Espaliú Berdud
Part 1 - Theoretical and Practical Challenges for Human Rights
Chapter 2. COVID-19 and constitutional tensions: Conflicts between the state and the governed
Dr Tony Meacham
Chapter 3. Human rights in times of emergency: COVID-19 taking the United Kingdom into uncharted territory
Dr Ben Stanford and Dr Steve Foster
Chapter 4. 2020: Human rights in Spain or the end of a legal guarantee? A constitutional crisis
Professor Juan Cayón Peña and Professor Carlos Espaliú Berdud
Chapter 5. Managing a pandemic: The securitisation of health and the challenge for fundamental freedoms
Dr Gracia Abad Quintanal
Chapter 6. Guaranteeing migrants’ rights in a time of pandemics: The Portuguese exception Dr Susana Ferreira and Dr Teresa Rodrigues
Part 2 - Threats to Personal, Collective and Global Security
Chapter 7. Tax in reverse: Financial support and social security during COVID-19
Dr Luke D. Graham and Dr Stuart MacLennan
Chapter 8. Subjects of surveillance: Human security and law in the wake of COVID-19
Dr Monica Ingber
Chapter 9. The future of the European Strategy for Data: Impact analysis from the COVID-19 pandemic
Dr Luis A. García-Segura
Chapter 10. Analysing the use of technology in the fight against COVID-19: A look at China, Taiwan, South Korea, Iceland and Israel from the perspective of ‘Technologies for Freedom’ Dr Alberto Priego
Chapter 11. Virus-laden ships: International rights and obligations of coastal states regarding foreign cruise ships feared to be carrying an infectious disease
Professor Warwick Gullett
Chapter 12. The New Cold War and the (uneven) implications of COVID-19 for international security: The cases of Italy and the UK
Dr Zeno Leoni
Biography
Ben Stanford is a Senior Lecturer at Liverpool John Moores University. He is also an Editor for the Asian Yearbook of Human Rights and Humanitarian Law and a Fellow of the Higher Education Academy. Ben was recently appointed as Lay Observer to monitor the welfare and access to justice of people held in court custody. He has previously worked for Rights Watch (UK), Peace Brigades International (UK), and the Human Rights Lawyers Association.
Steve Foster has taught law at Coventry for over 40 years and was Head of Coventry Law School until 2017. He is currently the editor-in-chief of the Coventry Law Journal.
Carlos Espaliú Berdud is Main Researcher of the Research Group on Security, Risks Management, and Conflicts at the University of Nebrija and is Full Professor. He has been Lecturer in the University of Navarre, Legal Officer of the International Court of Justice, Ramón y Cajal Researcher in the University of Córdoba, Associate Professor in Public International Law and European Union Law, and Director of the Charlemagne Institute of European Studies and Vice-Dean for Academic Affairs at the Faculty of Law at the International University of Catalonia (UIC).
