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Volume 7, Issue 1

Pandemic and Restricted Human Rights

Affiliation: Lecturer of Constitutional Law and Human Rights at Georgian Technical University, Adviser of Head of Legal Department, LLC „Tbilisi Energy”, Member of Mediation and Arbitration Commi1ee (Georgian bar Association)

Abstract: The coronavirus crisis has covered the world and threatened the major benefits of humanity: life, health and democracy. In one of the statements, the UN Secretary General calls this crisis as the human crisis. Unlike the United Kingdom, in the course of the pandemic in Georgia, a list of effective measures and appropriate mechanisms were not created, through which the growth of unemployment in the country would have been minimized and the standard of protection of workers" rights would be raised. In the near future problematic issue in the form of labor disputes arising from the pandemic will stand to Georgia"s judiciary. According to this scientific work I will raise a new issue: are the judges able to evaluate to what extent the company, which fi red employee due to economic circumstances, had the opportunity to take alternative measures, adapting its bud- get to the current economic situation, to manage finances more efficiently, to avoid the financial crisis and the need to reduce the workforce. I suggest following: ● Judges should be trained in this area; ● An appropriate qualified team should be set up in court. However, the management of the pandemic, the protection of human life and health, in some periods led to the restriction of some of the basic rights guaranteed by the Constitution of Georgia and the European Convention. Which is the triad of fundamental rights that has been overshadowed by the pandemic? On what grounds can these rights be restricted? What does the consequential result of the restriction of a fundamental right mean? What is the difference between freedom of movement and freedom of assembly? What does the specific proviso of the law mean? Does the proviso set any priority from the hierarchy of normative acts of Georgia and namely the proviso: the interference should be carried out on the basis of law? In my opinion, the Constitutional Court of Georgia should take the responsibility of the key mission such as: introducing precise definitions and interpretations of fundamental rights for both lawyers and civil society. My scientific work suggests how the foregoing may be achieved. "Freedom is a conscious necessity”. - Georg Wilhelm Friedrich Hegel.

Keywords: Freedoms of assembly and movement, Pandemic, The rights of employees,

Abstract - Journal Law and World
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