| Abstract [eng] |
This master 's thesis analyzes the restrictions on human choice and freedom during a pandemic. States are taking various measures to protect public health in response to the spread of viruses. The protection of public health is a positive duty that the state must fulfill. However, regulations restricting certain human rights to control the spread of the disease and protect public health (to protect the public interest) must reconcile them with individual interests and not deny the existence and importance of human rights. The first part of the master's degree analyzes the concepts of personal autonomy and the public interest, based on various ideas of philosophers, legal doctrine, court jurisprudence and legal regulation. The second part of the master's study analyzes the concept and limits of public health as a public interest. In the third part, it was chosen to analyze the three measures that, in the author's opinion, caused the most controversy during the last pandemic, aimed at controlling the pandemic. This analysis has shown that States have a wide margin of discretion in protecting the protection of the public, and that any measures taken to this end must be proportionate and non-discriminatory. |
