Libertés publiques à l’épreuve du confinement et de la pandémie de Covid-19

Since the declaration of a state of health emergency and the implementation of lockdown, the most controversial opinions have been stirring the Malagasy people’s daily lives. Justified questions arise about the constitutionality of the various measures taken by the government to combat the spread of the COVID-19 epidemic as a public health problem. The restriction of public and individual freedoms is one of the very unwelcome measures whose respect is guaranteed by the Constitution. The purpose of this manuscript is to convey the imperative of reconciling the prerogatives of the executive branch with respect for and protection of fundamental rights and freedoms in such an exceptional period. To achieve this, the methodology adopted was a socio-legal survey of different social strata through interviews in various areas under lockdown and the consultation of some literature relating to the epidemic, public freedoms and fundamental rights. The opinions revealed, on the one hand, the population’s fear of a possible liberticidal drift of the State abusing this circumstance and, on the other hand, the misunderstood state of emergency going so far as to refuse to obey some rules. It is essential to determine whether non compliance with the measures proposed by the Government in this context constitutes an offense, given that the exercise of fundamental rights and freedoms is guaranteed by the Constitution. In this situation, which has been declared exceptional, the Government is always required to ensure that the measures taken are imperative and proportionate necessities.