Justification of Governments for Mandatory Use of Covid-19 Vaccination Digital Certificates under the European Convention on Human Rights

Abstract

Considering the European Convention on Human Rights, strategies by member states are only lawful if it is necessary and proportionate to achieve legitimate aims. The exclusive circumstances caused by the covid-19 pandemic, induce member states of the European Union to exert compulsory digital green certificates and hereupon, compulsory vaccination for their residents to slow down the spread of the virus and ease the burden on frontline staff. The European commission stipulates that the use of digital green certificates will facilitate free movements across the EU and encourage the lifting of current restrictive covid measures that are in place in different member states. However, it currently triggers several protests in different states because mandatory use of Green Certificates by each government based on its own approach may limit the freedom of movement, the right to privacy, the right to data protection and, indirectly, the right to the integrity of persons. This article evaluates the implications of governments under The European Convention on Human Rights by assessing whether a certain level of risk posed by the covid-19 digital certificates outweighs the infringements of human rights, and evaluates whether their aim is protecting public health or facilitating tourism and thus offers an actionable framework for decision-making in a way that poses fewer dangers to the rights and freedoms of persons and is in favour of public interests.

Year of Publication
2022
Journal
Peace Human Rights Governance
Volume
6
Issue Number
1
Start Page
39
Last Page
66
Date Published
06/2022
ISSN Number
2532-3474
Serial Article Number
2
DOI
10.14658/PUPJ-PHRG-2022-1-2
Issue
Section
Articles