Pandemic-Related Cases before the European Court of Human Rights: An Overview of Jurisprudence and Identification of Key Issues

Abstract

This paper examines cases related to the COVID-19 pandemic brought before the European Court of Human Rights, highlighting key procedural and substantive issues. In the analysed cases, many of the filed applications were dismissed as inadmissible due to a lack of victim status and a reliance on abstract concerns rather than actual violations. Substantively, the cases reveal a fundamental tension between individual rights and public health measures. While some applicants argued that state-imposed restrictions excessively limited their rights, others claimed that governments failed to provide adequate protection, particularly regarding health and safety. This dual perspective underscores the challenge of balancing fundamental rights in times of crisis. The analysis demonstrates that both excessive limitations and insufficient safeguards were framed as disproportionate, reflecting the complexity of state obligations during emergencies. The study ultimately sheds light on the Court’s role in adjudicating these disputes and the broader implications for human rights protection in future global crises.