States of emergency and the legal questions over human rights restrictions

This article starts from the premise that human rights are the singular most important achievement won in political struggle. However, there remains a gap between the ideal and the practical reality which gives room for debate as to how, and in what circumstances, such rights can be restricted when a state of emergency arises. Within this framework, special attention is paid to the provisions of certain international documents related to the field of human rights as well as within a state’s own national law. The article discusses in particular the possible abuses of human rights in the situation of a state of emergency and the legal safeguards that have been put in place. The article presents the specifics of the constitutional system of the Republic of North Macedonia, with a special analysis of the role of constitutional courts in the protection of human rights during a state of emergency, and concludes with a look at the declaration of a state of emergency in Macedonia during the Covid-19 pandemic and at the legality of the actions of the various institutions involved.