RESTRICTION OF HUMAN RIGHTS AND FREEDOMS IN MODERN DEMOCRATIC SOCIETIES DURING A STATE OF EMERGENCY

Abstract

Human rights have always been the subject of interest in a large number of sciences and the subject of a large number of debates in scientific circles. It certainly stems from their enormous importance for individuals in society, but also for the development of the state itself. In today's modern and democratic societies, human rights and freedoms can be said to occupy a central place. Their recognition, respect and protection is the ultimate goal of every democratic state, and what's more, their protection is raised to a supranational level. Despite the above, there are certain situations in which human rights and freedoms can and should be limited. Of course, these cases should be rare exceptions, they should be necessary for the protection of a higher goal, and they should be within strictly defined rules and limits. We all witnessed a massive and international restriction of the human rights and freedoms, especially the freedom of movement during the pandemic with the Covid 19 virus, when, in order to prevent the spread of the dangerous virus, there was almost no country that did not limit this freedom to its citizens. Precisely because of this specific situation, the purpose of this paper is to examine whether the mentioned restrictions were allowed and justified according to the domestic and international regulation in the field of protection of human rights and freedoms. For this purpose, the relevant domestic and international instruments, research, statistics, etc., were used in the preparation of this paper, through the analysis of which all issues and dilemmas related to the restriction of the rights and freedoms of the citizens, will be revealed. Furthermore, the paper will also contain conclusions regarding whether the mentioned restrictions are allowed, whether the protective mechanisms are respected during their acquisition, whether there are abuses in the implementation of human rights restrictions, etc., and also recommendations about what should be done and and what to pay attention to in all situations where human rights and freedoms are restricted, i.e. what changes are necessary to be undertaken in the Republic of North Macedonia in order to ensure that if a state of emergency is declared again in the future, human rights and freedoms are protected, that is, the introduced restrictions to be within the limits of what is allowed according to international rules and the practice of the European Court of Human Rights. Of course, the paper cannot give final answers to the complex legal issues that arise in this area, but it can provide certain conceptual solutions for any future restriction of human rights and freedoms, especially in emergency situations such as the Covid 19 pandemic.