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European Committee of Social Rights: the right to protection of health in times of pandemic – Statement of interpretation on the right to protection of health in times of pandemic (adopted by the Committee on 21 April 2020)

”The function of the European Committee of Social Rights is to rule on the conformity of States Parties’ national law and practice with the European Social Charter (revised), the 1988 Additional Protocol and the 1961 European Social Charter. The Committee is composed of 15 independent, impartial members who are elected by the Committee of Ministers of the Council of Europe for a term of office of six years, renewable once.
It adopts conclusions within the framework of the reporting procedure and decisions under the collective complaints procedure.
Its conclusions and decisions are available on the website of the European Social Charter and in the case law database available on this site.
 
Article 11 of the European Social Charter (“the Charter”) enshrines the right to protection of health. In terms of that right, States Parties have undertaken to take appropriate measures designed, inter alia, to prevent epidemic diseases (Article 11§3), remove the causes of ill health (Article 11§1), and provide advisory facilities for the promotion of health and the encouragement of individual responsibility in matters of health (Article 11§2).
In times of pandemic, during which the life and health of many people are under serious threat, guaranteeing the right to protection of health is of crucial importance, and governments should take all necessary steps to ensure that it is effectively guaranteed.
In the light of this, States Parties must ensure that the right to protection of health is given the highest priority in policies, laws and other actions taken in response to a pandemic. …”

https://rm.coe.int/statement-of-interpretation-on-the-right-to-protection-of-health-in-ti/16809e3640

ECSR-Statement-of-interpretation-Right-to-health-in-times-of-pandemic_Art11ESC-final_EN.docx

https://www.coe.int/en/web/portal/-/european-committee-of-social-rights-the-right-to-protection-of-health-in-times-of-pandemic

https://www.coe.int/en/web/european-social-charter

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