What does UNHRC General Comment 29 state about derogations in public emergencies?
States must aim to restore normalcy, not every catastrophe qualifies as a public emergency. The geographic scope and duration must be clearly defined, and derogation must be officially proclaimed.
What does Article 4 of the ICCPR allow?
It allows states to derogate from certain obligations in times of public emergency threatening the life of the nation, provided the measures are strictly necessary, officially proclaimed, and consistent with international law.
What does Article 15 of the ECHR regulate?
It permits states to derogate from certain obligations during a public emergency threatening the life of the nation, but such measures must be proportionate, temporary, and officially declared.
What are the Siracusa Principles?
They provide guidelines on the limitation and derogation of rights, emphasizing legality, necessity, proportionality, non-discrimination, and consistency with international obligations.
Which articles of the UDHR cover equality and non-discrimination?
Article 1 (all human beings are born free and equal in dignity and rights), Article 2 (no discrimination), and Article 7 (equality before the law).
Which provision in the ECHR ensures non-discrimination?
Article 14 prohibits discrimination in the enjoyment of rights and freedoms set forth in the Convention.
Which articles of the ICCPR guarantee equality?
Article 2 (no discrimination), Article 3 (equal enjoyment of civil and political rights), and Article 26 (equality before the law).
Which articles of the ICESCR guarantee equality?
Article 2 (no discrimination) and Article 3 (equal enjoyment of economic, social, and cultural rights between men and women).
What does the UNHRC General Comment on non-discrimination say about equality?
It emphasizes that states must adopt affirmative action to remove historical biases and eliminate discrimination.
What does ICCPR General Comment 31 outline about state obligations?
States have obligations to respect, protect, and fulfil rights; provide accessible and effective remedies; judicial or administrative mechanisms; and ensure reparation (compensation, restitution, rehabilitation, non-repetition). Includes both positive and negative obligations.
What does ICESCR General Comment 31 provide?
It emphasizes three basic rights: availability, accessibility, and adequacy of economic, social, and cultural rights.
What does General Comment 24 say about reservations?
Reservations must be specific, clear, and not vague. Vague reservations are inconsistent with the object and purpose of human rights treaties.
What did GA Resolution 60/251 establish?
It established the Human Rights Council and created the Universal Periodic Review (UPR) framework, mandating review of state compliance and mandates when necessary.
