“Desperate times, desperate measures”: an appraisal on Vietnamese law’s limitation of rights in the COVID-19 crisis
This research is a pioneering attempt to comprehensively analyze the responses of Vietnamese human rights law to the challenges posed by Covid-19. Using conventional, trusted legal research methods, most notably desk review of legislation and case law analysis, this research affirms that this pandem...
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| Format: | Article |
| Language: | English |
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Taylor & Francis Group
2024-12-01
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| Series: | Cogent Social Sciences |
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| Online Access: | https://www.tandfonline.com/doi/10.1080/23311886.2024.2350558 |
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| author | Kien Tran Khoi Trong Dao |
| author_facet | Kien Tran Khoi Trong Dao |
| author_sort | Kien Tran |
| collection | DOAJ |
| description | This research is a pioneering attempt to comprehensively analyze the responses of Vietnamese human rights law to the challenges posed by Covid-19. Using conventional, trusted legal research methods, most notably desk review of legislation and case law analysis, this research affirms that this pandemic once again continually demonstrates the significance of limitation of rights doctrines to human rights protection in the most extreme conditions. In the case of Vietnam, many anti-epidemic measures, although highly efficacious in epidemic prevention, have placed immense and disproportionate restrictions on constitutional rights. While several limitations of rights doctrines in international human rights law have been partially recognized in Vietnamese law, the internalization, clarification, and application of these doctrines still face notable difficulties in practice, hindering the protection of rights when Covid-19 occurs. The article then suggests proposals to concretize the boundaries and conditions of the limitation of rights and criteria for balancing the stakeholders’ interests to improve Vietnamese human rights law, with implications for similar developing and transition jurisdictions’ legislative processes. |
| format | Article |
| id | doaj-art-228ff9f9ba074bfbbe2fb13632820762 |
| institution | Kabale University |
| issn | 2331-1886 |
| language | English |
| publishDate | 2024-12-01 |
| publisher | Taylor & Francis Group |
| record_format | Article |
| series | Cogent Social Sciences |
| spelling | doaj-art-228ff9f9ba074bfbbe2fb136328207622025-08-20T03:44:14ZengTaylor & Francis GroupCogent Social Sciences2331-18862024-12-0110110.1080/23311886.2024.2350558“Desperate times, desperate measures”: an appraisal on Vietnamese law’s limitation of rights in the COVID-19 crisisKien Tran0Khoi Trong Dao1Vietnam National University, Hanoi - University of Law, Hanoi, VietnamVietnam National University, Hanoi - University of Law, Hanoi, VietnamThis research is a pioneering attempt to comprehensively analyze the responses of Vietnamese human rights law to the challenges posed by Covid-19. Using conventional, trusted legal research methods, most notably desk review of legislation and case law analysis, this research affirms that this pandemic once again continually demonstrates the significance of limitation of rights doctrines to human rights protection in the most extreme conditions. In the case of Vietnam, many anti-epidemic measures, although highly efficacious in epidemic prevention, have placed immense and disproportionate restrictions on constitutional rights. While several limitations of rights doctrines in international human rights law have been partially recognized in Vietnamese law, the internalization, clarification, and application of these doctrines still face notable difficulties in practice, hindering the protection of rights when Covid-19 occurs. The article then suggests proposals to concretize the boundaries and conditions of the limitation of rights and criteria for balancing the stakeholders’ interests to improve Vietnamese human rights law, with implications for similar developing and transition jurisdictions’ legislative processes.https://www.tandfonline.com/doi/10.1080/23311886.2024.2350558Limitation of rightscovid-19state emergencyhuman rightsVietnamlaw |
| spellingShingle | Kien Tran Khoi Trong Dao “Desperate times, desperate measures”: an appraisal on Vietnamese law’s limitation of rights in the COVID-19 crisis Cogent Social Sciences Limitation of rights covid-19 state emergency human rights Vietnam law |
| title | “Desperate times, desperate measures”: an appraisal on Vietnamese law’s limitation of rights in the COVID-19 crisis |
| title_full | “Desperate times, desperate measures”: an appraisal on Vietnamese law’s limitation of rights in the COVID-19 crisis |
| title_fullStr | “Desperate times, desperate measures”: an appraisal on Vietnamese law’s limitation of rights in the COVID-19 crisis |
| title_full_unstemmed | “Desperate times, desperate measures”: an appraisal on Vietnamese law’s limitation of rights in the COVID-19 crisis |
| title_short | “Desperate times, desperate measures”: an appraisal on Vietnamese law’s limitation of rights in the COVID-19 crisis |
| title_sort | desperate times desperate measures an appraisal on vietnamese law s limitation of rights in the covid 19 crisis |
| topic | Limitation of rights covid-19 state emergency human rights Vietnam law |
| url | https://www.tandfonline.com/doi/10.1080/23311886.2024.2350558 |
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