Infringements of fundamental rights and freedoms

Extract

[...] By this health crisis, our fundamental rights and freedoms have been called into question. In this, the health measures taken by our governments limit the exercise of our freedoms: In particular the freedoms to come and go, of association, of assembly, and of the demonstration. During a period of confinement, this last freedom, which is anchored in the DNA of the French, was prohibited. In fact, in the context of a state of health emergency, gatherings, meetings or activities on public roads or in a place open to the public bringing together more than six people simultaneously are prohibited (decree of 29 October 2020). [...]

[...] Faced with this exceptional regime put in place to stem the epidemic, the human rights defender warned the government of the risk of trivializing and perpetuating these attacks, which are sometimes "disproportionate" and called for strengthening parliamentary control. With these examples, never in peacetime has our democracy endured such a violation of our fundamental public freedoms. Nevertheless, the violation of these freedoms will be, we hope, a bad memory. Indeed, the Covid vaccine seems to be on the right track. [...]

[...] Concerning individual freedoms To face this epidemic, individual freedoms have been compromised. Indeed, the state has hindered our freedom to come and go, of movement, attached to articles 2 and 4 of the DDHC (The Declaration of the Rights of Man and of the Citizen). In this, the state has put in place certificates, limiting travel. In addition to being authoritarian and not very ecological, the certificate seems unnecessary and absurd for a large number of French people. Similarly, the right to respect for private life, constituting a fundamental freedom, enshrined in Article 9 of the Civil Code and by Article 8 of the ECHR( European Court of Human Rights), raises questions, in particular on the protection of health data, by the through the "Tous anti-Covid" application; This application, which aims to trace contact cases of the Coronavirus, arouses a certain suspicion among parts of the population. [...]

[...] For many, the use of these tools seems "disproportionate". Concerning the freedoms of collective action Freedom of demonstrations constitutes a fundamental freedom, guaranteed on the basis of the freedom of peaceful assembly, under Article 11 of the ECHR. It is defined as "any gathering on the public highway of an organized group of people for the purpose of collectively and publicly expressing a common opinion or will" (Cass. Crim., Feb 2016). It can be static, fixed, seated (sit-in) or mobile. [...]