The situation of humanity, emerging from the threats to health and safety caused by the COVID-19 pandemic, has made several states act promptly; moreover, very decisively and sharply, thus governments deciding to declare state of emergency. The legal effects of the declaration of state of emergency are likely to limit certain human rights and fundamental freedoms. In this context, many of the member states of the Council of Europe have declared state of public health emergency, citing the exceptions provided in Article 15 of the European Convention on Human Rights. The purpose of this scientific approach is to identify the derogation grounds from the obligation to ensure certain rights and freedoms under the Convention as well as the formal and substantive conditions that states must comply with.
