Many Member States reintroduced or extended states of emergency or other emergency situations as the health situation deteriorated. States of emergency typically allow certain rights to be limited, such as freedom of movement (Article 45 of the Charter), freedom of assembly and of association (Article 12), and private and family life (Article 7). During the reporting period:

• Several Member States declared new states of emergency or other emergency situations, in some cases with different measures applying in different parts of the country. Previously declared states of emergency remained in place in a number of countries.
• Others extended the emergency measures that had earlier replaced states of emergency.
• National human rights bodies and civil society organisations continued to raise concerns about changes to the law-making process and on-going limitations on fundamental rights. In several cases governments acted to address these concerns.
• Courts in a number of Member States assessed the legality, necessity and proportionality of emergency measures, repealing or annulling them in several cases. Parliaments also continued to scrutinise emergency legislation.

In an effort to reduce social contacts, restrictions on freedom of assembly, which includes all private or public gatherings with a shared purpose of their participants, increased in all Member States in September and October:

• Member States further tightened limits on the numbers of people who can participate in gatherings, often reducing the allowed numbers of attendees incrementally.
• Nevertheless, all Member States stipulated exceptions to these restrictions, particularly for religious gatherings, demonstrations and political meetings.
• Protests against COVID-19 containment measures occurred in a number of Member States. Civil society organisations in several Member States expressed concerns about police conduct during the protests.

Both the Council of the European Union and the European Commission continued to recommend the suspension of non-essential travel to the EU from many third countries, with some exceptions. The Council set out a coordinated approach to restrictions of free movement within the EU. At the same time, many Member States restricted movement within their national borders.

• Several Member States required proof of a negative COVID-19 test or self-isolation pending a test upon arrival for travellers coming from outside the EU Member States and Schengen countries.
• Some countries reintroduced border controls or restrictions within the EU, sometimes with exceptions for permanent residents (and their families) or cross-border workers.
• Several Member States declared night-time curfews, either nationwide or in regions with particularly high infection rates. Others restricted freedom of movement around the All Saints holiday, between regions or for particular groups.
• Courts assessed restrictions on freedom of movement implemented in several Member States during spring, finding the measures assessed proportionate to the aim of limiting the spread of the virus.

Rising infection rates in September and October prompted governments to implement a raft of new measures affecting different areas of daily life. These significantly affected social rights, including: the right to education (Article 14), the right to engage in work (Article 15), the freedom to conduct a business (Article 16), workers’ rights to information and consultation (Article 27), the right to protection in the event of unjustified dismissal (Article 30), the right to fair and just working conditions (Article 31), the right to social security and social assistance (Article 34), and the right of access to preventive health care and to benefit from medical treatment (Article 35).

Rising numbers of COVID-19 infections put healthcare systems under considerable pressure and resulted in limitations in access to healthcare for both COVID-19 and other conditions.

• Reports emerged in many Member States of a lack of hospital beds, especially in intensive care units, insufficient trained staff and shortages of appropriate equipment, sometimes resulting in delayed hospitalisation and patient deaths.
• The rise in COVID-19 admissions prompted several hospitals to limit access to treatment for other conditions and postpone non-urgent treatment.
• Data pointed to the dramatic impact of the pandemic on the physical and mental wellbeing of healthcare staff, affecting their right to a high level of health protection and safety at work.

Almost all Member States reopened schools after the summer break, allowing in-person teaching to resume. However, rising infections rates meant that many had reinstated distance learning by the end of October, posing challenges to the right to education and non-discrimination.

• Authorities in many Member States issued guidelines on avoiding the spread of COVID-19 and dealing with cases in educational facilities, as well on what to do in case of increased infection rates.
• Many countries reinstituted distance learning for older students (above 10); in a few Member States this also applies to primary school children.
• Higher education institutions also shifted to remote lectures in many countries. In a few Member States, some universities continued in-person courses in small groups, subject to physical distancing measures.
• Evidence continued to show that children from disadvantaged backgrounds faced challenges accessing the digital tools needed for distance learning, exacerbating inequalities in access to education. Several Member States invested in school digitalisation.

The pandemic continued to have a huge impact on the economies and labour markets of the Member States, resulting in rising levels of unemployment. The tourism, hospitality, arts and entertainment sectors were particularly affected as several countries entered a second period of ‘lockdown’ in October. The European Commission disbursed € 17 billion in the first instalment of financial support to Member States in an effort to underpin economies and preserve employment.

• Almost all countries reported increases in the unemployment rate compared to the pre-pandemic period. This especially affected young people under 25. In some Member States, their unemployment rate exceeded 40 %.
• Several Member States extended measures to preserve employment, support the income of workers and compensate businesses affected by the pandemic. Others introduced measures to address youth unemployment.
• Data from some Member States showed that women – especially single mothers – continued to be particularly affected by the negative economic effects of the pandemic.

Challenges in accessing decent and affordable housing remained a key area of concern, reflecting the role of adequate housing in protecting against COVID-19. Studies in several Member States indicated a rise in the number of homeless people during the pandemic.

• Governments in some countries sought to address housing issues by extending moratoria on evictions and rent increases.
• Evidence points to homeless people facing additional challenges, including a heightened risk of COVID-19 infection, difficulties accessing testing and healthcare, the risk of being penalised for breaking curfews and visiting bans in shelters. The onset of winter risks making the situation more difficult.

COVID-19 and the measures adopted to contain it continued to severely affect the social rights of particular groups, such as people in institutional settings, older persons, persons with disabilities, migrants, asylum seekers and refugees, and Roma and Travellers.

Challenges in accessing COVID-19 testing and other health services, and the impact of visiting bans on residents’ wellbeing, remained grave concerns for people living in institutions – disproportionality older persons and persons with disabilities.

• Several Member States established specific testing programmes for staff and residents in institutional settings, given the high rates of infections and deaths in these settings. However, reports of long waiting times for test results also emerged.
• Evidence suggests that people in institutional settings faced challenges accessing other health services, raising concerns about possible discrimination.
• High infection rates prompted many Member States to increase or extend restrictions on visits to institutional settings. Courts in a number of Member States assessed the legality of these restrictions, ruling in several cases that they should be lifted.

Issues around access to medical treatment, employment prospects and the impact of isolation affect older people’s right to lead a life in dignity and independence, as enshrined in Article 25 of the Charter (alongside many other fundamental rights), and are exacerbated as a result of COVID-19.

• Evidence from a number of Member States suggested that fewer older people are accessing healthcare for both COVID-19 and other conditions.
• Studies continue to show that the pandemic is intensifying feelings of loneliness and psychological distress among older people.
• The prospect of long-term unemployment and challenges associated with using technical tools to work remotely affected older people’s employment situation, research indicated.

Persons with disabilities continued to face challenges in everyday life because of the pandemic.

• Support services continued to work below capacity in many Member States, with further restrictions imposed as infection rates rose in September and October. This risked placing an additional burden on family members, who can no longer rely on external support.
• Evidence mounted of significant obstacles in access to education for children with disabilities. Some Member States put in place specific measures to reduce disruption to schooling for children with disabilities.
• National human rights bodies in several Member States looked into complaints of a lack of accommodation of people with disabilities’ specific situation in the employment context.

Bulletin #5 showed how overcrowding and poor housing put Roma and Travellers at increased risk of contracting COVID-19, and that they are disproportionately affected by measures to contain the virus. Disrupted access to education remained a pressing concern for many Roma and Travellers in September and October.

• Unlike during the first phase of the pandemic, evidence did not indicate restrictive measures that particularly affected areas with predominantly Roma populations.
• Many Roma children lack internet access and the IT equipment necessary to participate in distance learning, increasing their risk of dropping out of school or falling behind in their education.

Migrants, asylum seekers and refugees, often living in overcrowded accommodation with poor hygiene conditions, continued to face increased risk of infection and barriers to accessing health services. The pandemic threatens to increase poverty and social exclusion among these groups.

• Studies in several Member States point to higher rates of COVID-19 infections among migrants, asylum seekers and refugees.
• Reports persisted of poor hygiene conditions and limited access to medical services in reception facilities, as well as difficulties for children living in these settings to access distance learning.
• Evidence from some Member States indicated that these groups face difficulties accessing COVID-19-related employment support schemes, given their often unstable employment conditions, as well as challenges in securing the jobs necessary to extend their residence permits.