Sabiedrības interešu, indivīda un individuālo tiesību ierobežošanas pieļaujamība un samērīgums Covid-19 kontekstā

Abstract

Dealing with Covid-19 has changed not only the behavioral habits of society, but also the models of local and international governance. The lack of experience in dealing with the spread of Covid-19 infections has prevented the solving of this problem quickly and effectively. The inability of the government to act quickly, consistently and effectively has affected the rate of spread of Covid-19 infection. However, given the difficult situation, also from a legal point of view, there were weaknesses in government’s actions that created an additional burden on development of a quick and effective policy for preventing the spread of Covid-19 infection. A clear vision of the strategic crisis and its communication, the policy implemented during the crisis, as well as the issues of regulatory framework are fundamental requirements for the successful prevention of the spreading of Covid-19 infection. The purpose of this article is to analyze the issues of legal nature arising from balancing the rights of the society with those of the individual, and the permissibility of restriction of individual rights in relation to Covid-19. This article provides an insight into the permissibility of the restriction of the society’s interests and individual rights, as well as how to achieve a balance between the two. A legally consistent action has great importance in combating any pandemic or epidemic. Moreover, the role of each individual, of the society as a whole, and of the state and local authorities must be clear in combating the spread of Covid-19 infection. Before the spread of Covid-19 infection, there was a legal framework in Latvia for crisis situations, but its practical applicability in different disciplines could not be predicted and assessed. To counter of spreading of Covid-19 infection, the government started combating the infectious disease, thereby facilitating the identification of shortcomings of legal nature at the national level. The challenge is to balance the right of an individual to information, and the right to express an opinion while prohibiting disseminate false information and information with restricted access. Although the legal framework is sufficient and comprehensive, it contains a number of general clauses, whose interpretation is left at the discretion of the enforcer. The emergence of disputes should not be considered as a negative phenomenon or as a problem with the regulatory framework.