Year of Graduation
Derogation of the Fulfillment of International Obligations on Human Rights in Emergency Situations
Certain human rights treaties cover a system of derogations that allows state-parties to deviate from performance their obligations temporarily. This right is not absolute, that means it can be exercised only in exceptional circumstances which "threaten the life of the nation", also a number of procedural requirements should be satisfied. Regulation of states of emergencies became a widely discussed issue in international law these days. After large-scale terrorist attacks in Paris, on 24 November 2015 France filed a notice of derogation from ECHR. Another example of application of special powers by the State occurred few months earlier. In the beginning of June, Ukrainian authorities decided to derogate from certain rights enshrined in both human rights treaties - ICCPR and ECHR. This study, firstly, will focus on comparison of substantive and procedural requirements for proclamation of state of emergency set forth in major human rights treaties - ICCPR, ECHR and ACHR. Secondly, it will cover the issues of legitimacy of the state conduct during the emergency, i.e. lists of non-derogable rights, principle of proportionality and compliance with other international obligations.