Document Type : Article
Assistant prof. Department of Public and International Law, School of Law and Political Sciences, Shiraz University, Shiraz,. Iran
M.A Student in International Law, Department of Public and International Law, International Campus Unit, Shiraz University, Shiraz, Iran
The COVID-19 pandemic has affected the implementation of states' international obligations, especially in terms of international human rights law. The right to health was violated more than any other rights. Although quarantines, social distancing, travel and access-to-information bans were imposed to protect public health, the inefficiency of some states led to the violation of the right to freedom of movement as well as the right to access information. Using a descriptive-analytical method, this paper will examine the implementation of these three rights during the COVID-19 pandemic and will ask which precluding circumstances can be invoked by states to justify violations of their obligations? It seems, given the high threshold for proving force majeure, the pandemic does not meet all the requirements of this factor, such as the impossibility of materially performing obligations. Nonetheless, distress and especially necessity seem worthy of consideration. Given the differences between states in terms of the severity of the pandemic and the capacity to deal with it, these factors cannot be considered as equally applicable to all states.
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