LEGAL FRAMEWORK OF THE BALANCE BETWEEN HEALTH EMERGENCY LAW AND PUBLIC FREEDOMS IN THE LIGHT OF THE COVID-19 PANDEMIC
Main Article Content
Abstract
A public health emergency is an exceptional situation that goes beyond the mere guarantee of health safety and extends to all matters relating to public health at local, regional and international levels. This requires the public authorities to take all urgent measures by means of decrees and regulatory or administrative decisions that allow for the exceptional adoption of all urgent economic, financial, social or environmental measures.
The efforts made to combat the COVID-19 pandemic have been significant and considerable, at a time when not all countries were prepared for such global health crises with serious health and economic consequences. Nevertheless, governments have sought to develop strategies to protect at least a minimum of economic and social rights and public freedoms, particularly for the most vulnerable and neglected members of society. This approach emphasises the protection of public freedoms to form healthy communities that enjoy the rule of law and the protection of human rights.
Article Details
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
References
Legal texts:
a. Algerian Constitution of 1963: The official publication of the Constitution of the People’s Democratic Republic of Algeria, 10 September, Official Journal No. 64, published on 10 September 1963.
b. Algerian Constitution of 1976: Official Journal No. 94, published on 24 November 1976.
c. Algerian Constitution of 1989: Dated 23 February 1989 (Official Journal No. 9, published on 1 March 1989).
d. Algerian Constitution of 1996: Amended in 2020 by Presidential Decree No. 20-442, Official Journal No. 82, published on 30 December 2020.
e. Egyptian Constitution of 2014: Amended on 23 April 2019.
f. International Covenant on Economic, Social and Cultural Rights: Adopted and opened for signature, ratification and accession by General Assembly resolution 2200 A (XXI) of 16 December 1966. Entry into force, in accordance with article 27, on 3 January 1976.
g. Law No. 22 of 2020: Amending certain provisions of Emergency Law No. 162 of 1958, Official Gazette, No. 18 bis A, Year 63, published on 6 May 2020.
h. Executive Decree No. 20-69: Of 21 March 2020, concerning preventive measures against the spread of COVID-19, Official Journal No. 15.
i. Executive Decree No. 20-70: Dated 24 March 2020, on complementary measures to combat the spread of COVID-19, Official Journal No. 16.
j. Executive Decree No. 20-159: Dated 13 June 2020, modifying the home confinement measures and the measures taken within the framework of the COVID-19 prevention system, Official Journal No. 35, published on 14 June 2020, p. 20.
Publications
a. Ahmed NoursDliwan: “Oversight of Emergency Powers in Jordan: A Comparative Study”, Amman, 2005.
b. Haki Ismail: “Oversight of Emergency Powers: A Comparative Study in the Iraqi, Egyptian and Anglo-American Systems”, Cairo, 1981.
c. Said Boualchir: “The Political System in Algeria”, Dar Al-Huda, 1993, Algeria.
d. Samia Laib: “The Centre of Political Authority in Islamic Jurisprudence and the Algerian Constitutional Law,” Dar Al-Jami’a Al-Jadida, Egypt, 2018.
e. Sabri Mohamed Al-Sanousi: “The Political Role of the Parliament in Egypt”, Dar Al-Nahda Al-Arabiya, Cairo, 2006.
f. Salah El-Din Fawzy: “The Reality of the Executive Authority in the Constitutions of the World”, Dar Al-Nahda Al-Arabiya, Cairo, 2003.
g. Wagdi ThabetGhobrial: “The Extraordinary Powers of the President”, Manshiyat Al-Ma’arif, Alexandria, Cairo, 1988.
Articles
Amina Ridwan: “The Role of the National Social Security Fund in Addressing the COVID-19 Pandemic”, *Researcher Magazine*, Special Issue on the COVID-19 Pandemic, No. 17, April 2020.
a. Samia Laib: “The impact of COVID-19 on the labour market: E-commerce”, Labour and Employment Law Journal, Volume 5, Issue 4, 2020.
b. Samia Laib&,ManalArabah: “Criminal Legislative Policy in Light of the Impacts of COVID-19”, Human Resources Development Research Unit Journal, Volume 17, Issue 1, Algeria, May 2022.
c. Hamza Naqash: “The Role of the Administrative Judiciary in Protecting Personal Liberties during a State of Emergency: The Case of Administrative Detention,” Human Sciences Journal, University of Constantine, No. 45, Algeria, 2016.
d. Samir AitArjdal: “The intervention of public authorities during the declared state of emergency: A Legal and Rights-Based Approach”, Researcher Magazine, Special Issue on the COVID-19 Pandemic, No. 17, April 2020, Morocco, 2020.
e. Shaima Al-Shawi: “Legal Perspectives on COVID-19”, Researcher Magazine, Special Issue on the COVID-19 Pandemic, No. 17, April 2020, Morocco, p. 92.
f. FadilaLakzouli: “Distance Learning and Reform Challenges Amid COVID-19”, Researcher Magazine, Special Issue, No. 17, April 2020, Morocco, 2020.
University Theses
i. Doctoral Theses:
b. Ahmed Salama Ahmed Badr: “Legislative Authority of the Head of State in the Parliamentary System”, Doctoral Thesis, Cairo, 2003.
c. Ahmed Shawki Mohamed: “The President in the Constitutional System of the United States of America”, Doctoral thesis, Cairo University, 2009.
d. Fouad Abdel Nabi Hassan Farag: “The President of the Republic in the Egyptian Constitutional System”, Doctoral thesis, Cairo University, 1995.
e. Samia Laib: “Responsibility in Algerian constitutional law”, Doctoral thesis, BadjiMokhtar University of Annaba, Algeria, 2014.
Master’s thesis:
a. Sofiane Ben Maamer: “The Legislative Role of the Head of State in Contemporary Political Systems”, Master’s Thesis, Damascus University, 2009.
Articles on websites:
a. Abdul Wahab Karim Al-Alwani: “The Importance of International Cooperation in Addressing the COVID-19 Pandemic”, Al-Arabi 21, published 27 March 2020, accessed 24 July 2020 at 19:00.https://arabi21.com/story
United Nations, UN Department of Global Communications: "The United Nations Manages Global Cooperation in Response to COVID-19 Based on Science," accessed April 24, 2020, at 20:00.
a. Sh/M: "Extension of the Deadline for Traders to Apply for the Solidarity Grant," Al-Massa Newspaper, May 19, 2020, Algeria, accessed June 17, 2020, https://www.un.org/ar/un-coronavirus-communications-team/un-mobilizes-global-cooperation-science-based-covid-19-responseshttps://www.un.org/ar/un-coronavirus-communications-team/un-mobilizes-global-cooperation-science-b9
In Foreign Languages:
a. Constitution of October 4, 1958: (initial text promulgated on October 4, 1958, published in the Official Journal on October 5).
b. World Health Organization: The Right to Health, Fact Sheet No. 31, Geneva (Switzerland), 2008, pp. 3-9.
c. Decree No. 2020-293: March 23, 2020, published in the JORF No. 0072 on March 24, 2020 - text No. 7 - prescribing general measures necessary to address the COVID-19 epidemic within the framework of the state of health emergency. NOR: SSAZ2008253D.
d. Decree-Law No. 6: February 23, 2020 (DECRETO-LEGGE 23 febbraio 2020, n. 6).
e. Gilles Champagne: L’essentiel du Droit constitutionnel, Les institutions de la 5e République, 16th edition; Gualino Publisher; Lextenso Edition; 2017.
f. Ayoub Lahlou: Journal du chercheur - Special Issue, Corona Pandemic, COVID-19 - Issue 17 - April 2020.
g. jean-PierreDedet: "Les épidémies," Collection: Univer Sciences, 2010; Dunod.
h. WHO Director-General's Opening Remarks: at the media briefing on COVID-19 - March 11, 2020: [WHO Link](https://www.who.int/).
i. UN High Commissioner for Human Rights Michelle Bachelet: "Coronavirus: Human Rights Need to Be Front and Centre in Response," Geneva (March 6, 2020).