The author critically analyses the constitutionality and
legality of decisions of state bodies, the most important (for example
Ordinance on the Temporary Prohibition
of the Gathering of People at Public
Meetings at Public Events and Other Events in Public Places
in the Republic of Slovenia
and Prohibition of Movement Outside the Municipalities,
Ordinance on the Temporary Par- tial
Restriction of Movement of People
and on the Restriction or Prohibition of Gathering of People to Prevent the
Spread of COVID-19, etc.) also from the perspective of certain international legal documents dealing
with the issue and their impact on fundamental
human rights and freedoms in relation to the SARS-CoV-2 virus, which causes the
disease COVID-19. Enjoying cer- tain human rights without limitations could
collide with interests of a society as a whole, or with same or similar rights
of others, rights that also need to be
protected. This is why existence of limitations (derogation and facultative
limitations) in international human rights instruments are considered to be
reasonable and justified, but they must be lawful,
legitimate and proportionate. Special attention is given to the European
Convention on Human Rights in the interpretation of the European Court
of Human Rights. With respect to the measures taken
that deviate from human rights,
an explicitly repressive appro- ach is
observable which entailed lengthy time intervals of suspension of the freedom
of movement. Finally, the violation
of temporary restriction or pro- hibition of the gathering (or movement) of
people at public places and areas in the Republic of Slovenia, which
is currently in force in Republic of Slovenia
cannot constitute the criminal offence
under Article 177 of the Criminal Code of Republic of Slovenia (and also
not a minor offence).
Keywords: constitutionality, legality, human rights, derogation and facultative limitations of human rights, European Convention on
Human Rights, European Court of Human Rights, the SARS-CoV-2 virus, the
COVID-19 disease, criminal offence, minor offence.