The Toolkit for legal practitioners on response to human rights violations during extraordinary circumstances is now available in English language. It was developed with the aim to support the authorities of Montenegro in ensuring further respect of human rights and rule of law in any potential extraordinary circumstances that might occur.
Montenegro, as many other countries worldwide, was faced with challenges in seeking to protect the population from the threat of COVID-19. Protective measures required to combat the virus, inevitably encroach on the rights and freedoms which are an integral and necessary part of a democratic society governed by the rule of law. Striking the right balance between the protective measures and protection of human rights is the main challenge that all the counties affected by pandemic had to address.
Based on lessons learned, the Toolkit offers valuable guidance to national authorities and citizens to find the best and most sustainable response to protect public health, while maintaining democratic and human rights principles. Particular focus is on protection of such rights as the right to liberty and security and right to a fair trial; right to private life, and freedom of expression and information.
The Toolkit was developed and published under the action “Improved procedural safeguards in judicial proceedings in Montenegro” which is a part of the joint European Union/Council of Europe programme “Horizontal Facility for the Western Balkans and Turkey 2019-2022”.
The toolkit for legal practitioners on response to human rights violations during the extraordinary circumstances provides valuable guidelines to legal professionals on how to ensure the respect of the rule of law and human rights during extraordinary circumstances. The principal focus is on the protection of the rights restricted by protective measures such as the right to liberty and security and right to a fair trial, right to the protection of privacy and data protection and freedom of expression. In that context, the toolkit comprises three chapters each written by an international expert covering specific area of human rights protection:
- The rights to liberty and security of the person and to a fair trial, developed by Mr Jeremy McBride;
- The right to the protection of privacy, including the protection of personal data, developed by Ms Teresa Alegra Quintel;
- The right to freedom of expression, developed by Ms Dominika Bychawska.
The toolkit is a concise and comprehensive, “future-oriented” tool which gives a detailed overview of existing EU-level legislation and practice and provides relevant recommendations for each chapter. With an expert review of current EU legislation, wide practice and recommendations as for resolving potential problems, this toolkit will serve as a guide for legal practitioners on how to deal with emergencies which may arise in the future while respecting the human rights and freedoms that exist in any democratic society.
Chapters
- The Rights to liberty and security of the person and to fair trail
- General considerations
- Liberty and security
- Fair trial
- Recommendations
- The Right to the protection or privacy, including the protection of personal data
- General considerations
- Data Protection
- Recommendations
- Freedom of Expression
- General considerations
- Tackling disinformation
- Media freedom and the pandemic
- Recommendations
You can download this toolkit for free here.
