Kulttuuriset oikeudet kriisissä
Avainsanat:
hyvinvointioikeus, kulttuuri, kriisiolot, perusoikeudet, oikeudenmukaisuusAbstrakti
Cultural rights in times of crisis
The era of COVID-19 was an interregnum that brought exceptionality to law and society. This article examines restrictions concerning public events and the use of public premises made under the Communicable Diseases Act (1227/2016). The article analyses the objectives behind spatial control of the virus and the range of legislative measures, and assesses them from the perspective of cultural rights. A key finding of the study is that restricting the use of public events and premises was not identified as a measure limiting cultural rights, even though they weakened the opportunities for experiencing and engaging in culture. In the legislative phase, the restrictions should have been proportioned to the realisation of cultural rights and examined more broadly as part of the fundamental rights system, and the doctrines concerning fundamental rights should have been applied. It is not sufficient for a regulation to be formally implemented correctly, for example, in terms of the order of enactment, as it does not guarantee justice. The post-interregnum emphasises the remedy of cultural rights and the development of legal preparedness. As the conclusion, the article calls for the preservation of social and legal stability, constancy and predictability, for example, by strengthening the fundamental rights system.
