This article discusses the human rights of residents in care homes in England who were affected by restrictions that were imposed during the first months of the COVID-19 pandemic in order to safeguard health and life at a time of public health emergency. It focuses on the potentially adversarial relationship between the need to protect the health of these residents and the possible adverse interferences with their human rights in the initial phase of the pandemic. The scope and application of these rights to the healthcare context is not straightforward due to the exigencies of the pandemic. Consideration is given to whether their rights, as protected by the European Convention on Human Rights (ECHR) and the United Nations Convention on the Rights of Persons with Disabilities (CRPD) are vindicated or breached by the actions taken in the context of the COVID-19 pandemic. The article questions whether the restrictions that were applied were justified, given the limitations that exist within some ECHR Articles. It deliberates upon what can be done to ensure that relevant bodies and care homes, themselves, are better enabled to respond to a public health emergency in an individualistic, rights-based manner, based upon both principlism and pragmatism.

中文翻译：

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'这不是老（女人）男人的国家'？在 Covid-19 大流行期间对护理院居民采取的方法的检查

本文讨论了在 COVID-19 大流行的最初几个月内为保护健康和生命而在公共卫生紧急情况下实施的限制措施影响到英格兰疗养院居民的人权。它侧重于保护这些居民健康的需要与大流行初期可能对他们的人权造成的不利干扰之间潜在的敌对关系。由于大流行的紧急情况，这些权利在医疗保健领域的范围和应用并不简单。考虑到他们的权利，在 COVID-19 大流行背景下采取的行动证明或违反了《欧洲人权公约》(ECHR) 和《联合国残疾人权利公约》(CRPD) 保护的权利。考虑到某些 ECHR 条款中存在的限制，该文章质疑所应用的限制是否合理。它审议了可以做些什么来确保相关机构和疗养院本身能够更好地以基于原则和实用主义的个人主义、基于权利的方式应对突发公共卫生事件。