COVID-19 Pandemic Response After Action Report City of Burlington, VT TABLE of CONTENTS
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When a Temporary State of Emergency Becomes Permanent France As a Case Study AUTHOR Jane Kilpatrick
NOVEMBER 2020 When a Temporary State of Emergency becomes Permanent France as a Case Study AUTHOR Jane Kilpatrick EDITORS Waqas Tufail, Niamh Ní Bhriain DESIGN Karen Paalman COVER PHOTO Wesley Marçal on Unsplash Published by Transnational Institute - www.tni.org Amsterdam, November 2020 Disclaimer: The content of this report represents the views of the Transnational Institute and the named authors and is their sole responsibility. The European Commission does not accept any responsibility for use that may be made of the information it contains. Contents of the report may be quoted or reproduced for non-commercial purposes, provided that the source of information is properly cited. TNI would appreciate receiving a copy or link of the text in which this document is used or cited. Please note that for some images the copyright may lie elsewhere and copyright conditions of those images are those pertaining to the copyright terms of the original source. https://www.tni.org/copyright Table of Contents Introduction 4 States of emergency 5 How is this provided for by law? 5 Which rights are absolute and cannot be derogated from? 5 Process: what steps need to be put in place when derogating from IHRL? 6 States of emergency in practice 6 Permanent States of Emergency and counter-terrorism 7 France 8 Before the November 2015 State of Emergency 8 Legislative changes in France 9 Impacts on fundamental rights 11 Freedom of movement, freedom of expression and freedom of assembly 12 The behaviour of police 14 Issues of necessity, proportionality, and -
COVID-19 and Human Rights: We Are All in This Together
COVID-19 and Human Rights We are all in this together APRIL 2020 Human rights are critical – for the response and the recovery They put people at the centre and produce better outcomes Human rights are key in shaping the pandemic response, both for the public health emergency and the broader impact on people’s lives and livelihoods. Human rights put people centre-stage. Responses that are shaped by and respect human rights result in better outcomes in beating the pandemic, ensuring healthcare for everyone and preserving human dignity. But they also focus our attention on who is suffering most, why, and what can be done about it. They prepare the ground now for emerging from this crisis with more equitable and sustainable societies, development and peace. Why are human rights equip States and whole societies to respond to so important to the threats and crises in a way that puts people at the centre. Observing the crisis and its impact COVID-19 response? through a human rights lens puts a focus on how it is affecting people on the ground, partic- The world is facing an unprecedented crisis. ularly the most vulnerable among us, and what At its core is a global public health emer- can be done about it now, and in the long term. gency on a scale not seen for a century, Although this paper presents recommenda- requiring a global response with far-reaching tions, it is worth underlining that human rights consequences for our economic, social and are obligations which States must abide by. political lives. -
Fifth Modification of the Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat
FIFTH MODIFICATION OF THE DECLARATION OF A STATE OF EMERGENCY FOR THE STATE OF DELAWARE DUE TO A PUBLIC HEALTH THREAT WHEREAS, the Centers for Disease Control and Prevention (“CDC”) has determined that a novel coronavirus (“COVID-19”) presents a serious public health threat; and WHEREAS, on March 12, 2020 at 3:00 p.m. E.D.T., I issued a Declaration of a State of Emergency due to the public health threat of COVID-19, which became effective as of 8:00 a.m. E.D.T. on March 13, 2020; and WHEREAS, on March 16, 2020 at 2:00 p.m. E.D.T., I issued the First Modification of the Declaration of a State of Emergency to advise that the CDC issued new guidance for large events and mass gatherings, including conferences, social events, concerts and other types of assemblies; and WHEREAS, on March 18, 2020 at 2:00 p.m. E.D.T., I issued the Second Modification of the Declaration of a State of Emergency to further restrict events and gatherings; to restrict food service to only take-out or delivery; to close casinos, bowling alleys, concert venues, movie theaters, sports facilities, fitness centers and health spas; to ensure additional precautions in nursing homes, retirement facilities, or assisted-living facilities; to promote authority to the Delaware 1 Emergency Management Agency and the Division of Public Health to cancel any gatherings for public health reasons; to authorize the Secretary of Labor to develop emergency rules relating to unemployment insurance; to address requirements for telemedicine services; and to address the sale of alcoholic beverages; and WHEREAS, on March 21, 2020 at 12:00 p.m. -
The International Emergency Economic Powers Act: Origins, Evolution, and Use
The International Emergency Economic Powers Act: Origins, Evolution, and Use Updated July 14, 2020 Congressional Research Service https://crsreports.congress.gov R45618 SUMMARY R45618 The International Emergency Economic Powers July 14, 2020 Act: Origins, Evolution, and Use Christopher A. Casey, The International Emergency Economic Powers Act (IEEPA) provides the President broad Coordinator authority to regulate a variety of economic transactions following a declaration of national Analyst in International emergency. IEEPA, like the Trading with the Enemy Act (TWEA) from which it branched, sits at Trade and Finance the center of the modern U.S. sanctions regime. Changes in the use of IEEPA powers since the act’s enactment in 1977 have caused some to question whether the statute’s oversight provisions Ian F. Fergusson are robust enough given the sweeping economic powers it confers upon the President during a Specialist in International declared emergency. Trade and Finance Over the course of the twentieth century, Congress delegated increasing amounts of emergency power to the President by statute. TWEA was one such statute. Congress passed TWEA in 1917 Dianne E. Rennack to regulate international transactions with enemy powers following the U.S. entry into the First Specialist in Foreign Policy World War. Congress expanded the act during the 1930s to allow the President to declare a Legislation national emergency in times of peace and assume sweeping powers over both domestic and international transactions. Between 1945 and the early 1970s, TWEA became the central means Jennifer K. Elsea to impose sanctions as part of U.S. Cold War strategy. Presidents used TWEA to block Legislative Attorney international financial transactions, seize U.S.-based assets held by foreign nationals, restrict exports, modify regulations to deter the hoarding of gold, limit foreign direct investment in U.S. -
Trump to Shut Off Tiktok, Wechat to New U.S. Users on Sunday
For news and information consider- If you would like to share news or news organization events, and school Mr. Lee’s Commen- ation, please send to If information with our readers, please news to us includinig your name and [email protected] tary and Dairy send the unique stories, business phone number in case more informa- tion is needed. or contact John Robbins 832-280-5815 Jun Gai 281-498-4310 Publisher: Wea H. Lee President: Catherine Lee Editor: John Robbins, Jun Gai Address: 11122 Bellaire Blvd., Houston, TX 77072 E-mail: [email protected] Southern Daily News is published by Southern News Group Daily Inside C2 Saturday September 19 2020 | www.today-america.com | Southern News Group Trump to shut off TikTok, WeChat to new U.S. users on Sunday WASHINGTON (Reuters) - The Trump administration WeChat developer Tencent Holdings’ called the order will ban WeChat and video-sharing app TikTok from U.S. “We have some great options and maybe we can keep a lot of “unfortunate” but said it “will continue to discuss with app stores starting Sunday night, a move that will block people happy,” Trump told reporters. “We have to have the total the government and other stakeholders in the U.S. ways Americans from downloading the Chinese-owned plat- security from China.” to achieve a long-term solution.” forms over concerns they pose a national security threat. Commerce Secretary Wilbur Ross told Fox Business Network that The Commerce Department order bars Apple Inc’s app The bans, announced on Friday, affect only new “the basic TikTok will stay intact until Nov. -
Abuses by the Supreme State Security Prosecution
PERMANENT STATE OF EXCEPTION ABUSES BY THE SUPREME STATE SECURITY PROSECUTION Amnesty International is a global movement of more than 7 million people who campaign for a world where human rights are enjoyed by all. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights standards. We are independent of any government, political ideology, economic interest or religion and are funded mainly by our membership and public donations. © Amnesty International 2019 Cover photo: Illustration depicting, based on testimonies provided to Amnesty International, the inside Except where otherwise noted, content in this document is licensed under a Creative Commons of an office of a prosecutor at the Supreme State Security Prosecution. (attribution, non-commercial, no derivatives, international 4.0) licence. © Inkyfada https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode For more information please visit the permissions page on our website: www.amnesty.org Where material is attributed to a copyright owner other than Amnesty International this material is not subject to the Creative Commons licence. First published in 2019 by Amnesty International Ltd Peter Benenson House, 1 Easton Street London WC1X 0DW, UK Index: MDE 12/1399/2019 Original language: English amnesty.org CONTENTS GLOSSARY 5 EXECUTIVE SUMMARY 7 METHODOLOGY 11 BACKGROUND 13 SUPREME STATE SECURITY PROSECUTION 16 JURISDICTION 16 HISTORY 17 VIOLATIONS OF FAIR TRIAL GUARANTEES 20 ARBITRARY DETENTION -
The International State of Emergency: Challenges to Constitutionalism After September 11
The International State of Emergency: Challenges to Constitutionalism after September 11 Kim Lane Scheppele Laurance S. Rockefeller Professor of Public Affairs in the Woodrow Wilson School and University Center for Human Values; Director, Law and Public Affairs Program Princeton University Version prepared for the Yale Legal Theory Workshop, 21 September 2006. This paper is actually a long abstract of a book I am writing by the same name. As a result, you will see many references to “the book” throughout – which is meant to be the larger work with this same general shape. In addition, because this is only a summary of a long and detailed argument, the usual dense apparatus of footnotes and references is substantially thinned here. If you want to see particular chapters or arguments in elaboration, let me know. I have published some pieces of the book already and have indicated in this narrative outline where chapters have been drawn from already published work. Comments, criticisms and questions are most welcome as the book is still under construction. Please send reactions to [email protected]. Scheppele – draft September 2006 1 International State of Emergency Introduction: September 11 and the Second Wave of Public Law Globalization: The New Legal Infrastructure of Anti-Constitutionalism After September 11, pundits pronounced that “everything had changed.” The Bush Administration insisted that a new war – a “global war on terror (GWOT) – was launched with the attacks. Two literal wars, in Afghanistan and Iraq, marked this new state of international conflict; metaphorical wars were launched around the world as well in response to September 11. -
Portugalʼs Response to COVID-19
Saint Louis University School of Law Scholarship Commons All Faculty Scholarship 2020 Portugalʼs Response to COVID-19 Ana Santos Rutschman Follow this and additional works at: https://scholarship.law.slu.edu/faculty Part of the Health Law and Policy Commons, Infectious Disease Commons, Medical Immunology Commons, and the Virus Diseases Commons No. 2020-15 Portugalʼs Response to COVID -19 Ana Santos Rutschman Saint Louis University - School of Law The Regulatory Review 2020 Portugal's Response to COVID-19 | The Regulatory Review 6/30/20, 10)05 PM Portugals Response to COVID-19 Ana Santos Rutschman Timely and extensive interventions have facilitated Portugal’s success in addressing COVID-19. The way in which Portugal addressed the challenges posed by the coronavirus pandemic has been hailed as one of the most successful national responses to COVID-19. Commentators have called Portugals response exemplary while portraying the countrys management of the public health crisis as exceptional when compared to other European countries responses. At just over 35,000 square miles—slightly larger than the state of Maine—and framed by Spain along its land borders, Portugalʼs average width is around only https://www.theregreview.org/2020/07/01/rutschman-portugal-response-covid-19/ Page 1 of 7 Portugal's Response to COVID-19 | The Regulatory Review 6/30/20, 10)05 PM 88 miles. One could have expected COVID-19 to affect Portugal and Spain in similar ways. Yet that was not the case. The death toll associated with COVID- 19 has been 30 times lower in Portugal than neighboring Spain. Although Portugals health care system has been the subject of recent reforms, health inequalities are still pervasive. -
Emerging Leaders in Biosecurity Initiative
Emerging Leaders in Biosecurity Initiative Class of 2017 A competitive fellowship program created to identify, develop, and provide networking opportunities Yearbook for the next generation of leaders in biosecurity. Emerging Leaders in Biosecurity Initiative Contents Letter: 3 Thomas V. Inglesby, Director; Anita Cicero, Deputy Director, Johns Hopkins Center for Health Security Executive Steering Committee 5 Class of 2017 Fellows 9-35 ELBI 2017 Year in Review 36-37 ELBI Program Staff 41 ELBI Alumni 42 Cover and Inside Cover Photo Overlay: Swine Flu Strain Virus Particles. Col- orized transmission electron micrograph of negatively stained SW31 (swine strain) influenza virus particles. Credit: NIAID Emerging Leaders in Biosecurity Initiative The ELBI Fellowship program is made possible through financial support from the Open Philanthropy Project, under management by the Johns Hopkins Center for Health Security, and with the leadership of the ELBI Executive Steering Committee. For more information, please visit the ELBI website: http://www.centerforhealthsecurity.org/our-work/emergingbioleaders Center for Health Security “Modern conditions make the scenario of a global pandemic more likely. Humans are encroaching on animal environments, raising chances for pathogens to adapt from animals to people. An increasing share of the planet lives in megacities, heightening the likelihood of person-to-person transmission of pathogens. The movement of people and microbes around the globe is more efficient than ever. The recent outbreaks of SARS, MERS, and Ebola are only small glimpses of how quickly a deadly virus can spread.” Tom Inglesby and Benjamin Haas Foreign Affairs November 21, 2017 Middle East Respiratory Syndrome Coronavirus particle envelope proteins immunolabeled with Rabbit HCoV-EMC/2012 primary antibody and Goat an- 1 ti-Rabbit 10 nm gold particles. -
COVID's Collateral Contagion
June 2020 COVID’s Collateral Contagion: Why Faking Parliament is No Way to Govern in a Crisis Christian Leuprecht The COVID-19 epidemic is the greatest test for the maintenance of Canada’s democratic constitutional order in at least 50 years, certainly since the October crisis of 1970. It is also a bellwether for the way the Canadian state manages risk. Risks that stem from globalization have a common denominator: by definition, no state can manage them alone. However, citizens still expect their state to act. Confronted with dire predictions of immi- nent Armageddon, politicians invoke largely performative measures to signal to citizens that they are acting – to manage a risk that is largely beyond their control. Managing risk has become to individual citizens the essence of the modern welfare state: unemployment insur- ance, health care insurance, mortgage insurance, etc. Such is the essence of “risk society”: the expectations by citizens that the state will manage risks, many of which the state cannot control, such as a global pandemic. Paradoxically, the less control and certainty the state has over a risk that is perceived as existential, the more heavy-handed is its approach. Precisely because of the threatening environment in which it exists and because it is shut out of many international organizations, Taiwan was well prepared for the pandemic and its reaction was measured. By contrast, much of the rest of the democratic world was ill-prepared, which explains the heavy-handed measures taken by many of these countries, including Canada. The author of this document has worked independently and is solely responsible for the views presented here. -
Framework on Accumulating Evidence Across Outbreaks
Framework on accumulating evidence across outbreaks NATALIE DEAN DEPARTMENT OF BIOSTATISTICS UNIVERSITY OF FLORIDA WHO R&D BLUEPRINT CONSULTATION ON CLINICAL TRIAL DESIGNS NOVEMBER 29, 2018, GENEVA Kennedy et al. (2016) DOI: 10.1177/1740774515621037 2 Figure: Weekly incidence of Ebola in Guinea 2014–15, and key dates in the ring vaccination trial 3 doi:10.1126/science.aav3996 4 National Academies of Sciences, Engineering, and Medicine (2017) https://doi.org/10.17226/24739 5 http://www.who.int/emergencies/mers-cov/epi-18-september-2018.png 6 Motivation Outbreaks are of unpredictable size and duration All outbreaks represent an opportunity to advance research and development efforts There is considerable risk that trials will be underpowered and results from trials terminated due to low accrual will be inconclusive Prejudgment of promising but inconclusive results can: . Impact decision-making of caregivers and policy makers . Jeopardize the conduct of future confirmatory trials 7 Recommended approach We advocate for the use of a “master protocol” to preserve data confidentiality and trial integrity until the scientific aims have been reliably addressed Master protocol = conventional clinical trial designed to extend across multiple sites and outbreaks Trial results are released only following the advice of an independent data monitoring committee (e.g. stop for efficacy, futility, reached target # of endpoints) and not due to lack of recruitment 8 Practical considerations Multi-site trial in high-risk areas with opportunity to add sites -
Counter-Terrorism Measures and Human Rights: When the Exception
FRANCE INTERNATIONAL FACT-FINDING MISSION REPORT Counter-terrorism measures & human rights When the exception becomes the norm June 2016 / N°676a TABLE OF CONTENTS INTRODUCTION 4 I. THE STATE OF EMERGENCY UNDER SCRUTINY 6 A. Factual background 6 1. Measures implemented under the state of emergency 7 2. Searches and house arrests: facts and figures 8 3. Parliamentary oversight 10 4. Judicial oversight 11 B. Analysis of consequences and assessment of oversight mechanisms 16 1. The consequences of state of emergency measures 16 2. Questioning the efficacy of state of emergency measures 19 3. What kind of safeguards are in place? 22 II. WHEN THE EXCEPTION BECOMES THE NORM: THE SHARP INCREASE IN COUNTER-TERRORISM LEGISLATION 27 1. The Law of 24 July 2015: intelligence 28 2. Draft reforms to French criminal procedure, another reason for concern 29 CONCLUSION AND RECOMMENDATIONS 33 ANNEX 1 : INSTITUTIONS AND PERSONS INTERVIEWED 40 ANNEX 2 : LETTER FROM THE INTERIOR MINISTER BERNARD CAZENEUVE, IN RESPONSE TO MEETING REQUEST BY THE FIDH DELEGATION 41 En couverture : Fouille intervenue dans le cadre d’une opération de police effectuée le 27 novembre 2015 au matin dans un squat au Pré Saint Gervais, occupé par des personnes suspectées de « trouble à l’ordre public pendant la COP21 », selon des sources policières. © AFP PHOTO / LAURENT EMMANUEL 2 FIDH – France - Counter-terrorism measures & human rights FIDH – France - Counter-terrorism measures & human rights 3 INTRODUCTION In the weeks following the attacks, the government also presented to Parliament draft legislation seeking to modify French criminal procedure, adapting it to address such exceptional situations.