Covid-19 Travel Certificates: Balancing the Freedom of Movement and Protection of Public Health

Abstract

COVID-19 pandemic evolved into an unprecedented public health threat, in response to which States have introduced COVID-19 travel certificates. The article analyses the compatibility of such measures with internationally protected human rights, especially the right to freedom of movement. Although protecting public health is an obligation of each sovereign State, they must conduct a three-step proportionality test and demonstrate the legality of any restriction of human rights, while considering their international legal obligations. COVID-19 travel certificates may be compatible with existent international law as public health is a legitimate aim to limit the freedom of movement. However, the requirements of necessity and proportionality must also be proven. In spite of recognizable benefits, considerations regarding certificates’ efficacy and related costs remain to be subject of further scrutiny