What is limitation of human rights?
Restriction of certain HR under specific conditions to balance individual rights with societal interests.
What are the interpretative principles under the Siracusa Principles?
Limitations must not jeopardize the essence of rights, be prescribed by law,
necessary- based on the grounds recognised, proportionate to aim, pursue a legitimaet aim, respond to a pressing public/social need , assesmnt of necssity must be objective
non-discriminatory, and justifiable by states.
LIMITATION interpreted strictly in favour of the rights at issue; interpreted in light of particular right concerned; must be compatible with the objects and purposes of the covenant
What does Article 29(2) UDHR state about limitations?
Rights may be limited by law for recognition of others’ rights, morality, public order, and general welfare in a democratic society.
What are grounds for limitation of rights?
Legitimate aim, necessity, proportionality, prescribed by law, public order, public health, public morals, national security, public safety, rights of others.
Limitation must be justified on these grounds of pressing need/ necessity, legitimate aim and proportionality
What are grounds for limitation of rights?
Legitimate aim-necessity, proportionality-reasonable
Limitation must be justified on these grounds of pressing need/ necessity, legitimate aim and proportionality
What does ‘necessary’ mean under the Covenant for limitations?
It implies the limitation is based on a recognized ground that justifies the limitation, addresses a pressing public or social need, pursues a legitimate aim, is proportionate to that aim, and assesement of necessity shld be done objectively.
what is the neccessity test?
used to assess whether limiting the right is acceptable- restriction on the right must be proprotionate to the goal it seeks to achieve
must be est. by laws
How is ‘public order’ defined under the Covenant?
sum of rules ensuring functioning of society and society founding fundamental principles. respect for HR part of this.
What does ‘public health’ as a ground for limitation mean?
to allow a state to take measures dealing with threats to health of the population or individual memebers of populaton-aimed at preventing disease or injury or providing care to the sick and injured
When can ‘public safety’ justify limitations?
public safety- protection against danger to saftey of person, their life, property or physical integrity
How can ‘public morals’ justify limitations?
limitation in question must be essential to maintennace of respect for fundamental values/societal norms of the community
When can ‘national security’ justify limitations?
Only to protect the nation’s existence, territorial integrity, or pol. independence against force; not as a vague pretext.
What is derogation?
Temporary suspension of certain rights during emergencies, ensuring measures are necessary, proportionate, and temporary.
What does Article 4 ICCPR state about derogation?
State parties may derogate during a public emergency** threatening the nation’s life-which isofficially proclaimed, - to the extent required by the exigencies of the situation **and is consistent with international law, and are** non-discriminatory.**
public emergency must be communicated in advance to relecant Int. authorities- UN SEC GEN
PUBLIC EMERGENCY MUST THRETAEN THE NATION’S EXISTENCE
What rights are non-derogable under ICCPR?
Articles 6 (right to life), 7 (freedom from torture), 8(1)(2) (freedom from slavery), 16 (everyone has the right to recognition as a person everywhere before the law).
What is a state of emergency?
Government-declared that its facing exceptional circumstances that may temporarily suspend or restrict certain HR to protect nation’s security, public order or general welfare
limitations must always repsect legality, necessity and proprotionality
what was said in UNHRC General Comment 29?
- ‘The restoration of a state of normalcy where full respect for the Covenant can again be secured must be the predominant objective of a State party derogating from the Covenant
- n]ot every disturbance or catastrophe qualifies as a public emergency which threatens the life of the nation
- geographic scope and duration of public emergency msut be clearly defined
What are the substantive requirements and principles for permissible derogation under the ICCPR?
Existence of a public emergency threatening the life of the nation (e.g., armed conflict, civil unrest, terrorism, severe natural disaster).
Conformity with international obligations—derogations cannot conflict with international humanitarian law or peremptory norms.
Principle of proportionality—rights may be derogated only to the extent strictly required; less restrictive alternatives must be considered.
Strict necessity—derogations must be exceptional, temporary, and limited in duration, scope, and geography (HRC General Comment No. 29-exceptional and temporary nature, Siracusa Principles).
Non-discrimination—derogations must not discriminate based on race, colour, sex, language, religion, or social origin.
What are the procedural requirements and principles for permissible derogation under the ICCPR?
Official Proclamation – Derogation is permissible only during a public emergency that is officially proclaimed, in line with constitutional and legal provisions. This ensures legality and the rule of law (HRC General Comment No. 29).
International Notification – Under Article 4(3) ICCPR, states must inform the UN Secretary-General when declaring a public emergency and derogating from Covenant obligations.
What Article in ECHR Talks about Derrogations
Art 15
What are procedural requirements under Article 15 ECHR? how is public meergencey defined?
Derogation allowed only in war/ other emergency-thretening life of nation, measures to the extent strictly required by exigencies, consistent with international law, non-derogable rights excluded, notification to Secretary General of Council of Europe.
Public Emergency- exceptional situation of crisis or emergencey which affects the whole population a cosntitutes a threat to the organised life of the community of which the state is composed.
it should only last as long as necessary to restore normal conditions- HR may be temprarily suspended- durationa nd and geographical scope msut be celarly defined
What principles guide derogation during emergencies?
Legality, strict necessity, proportionality, nature of rights, and margin of appreciation.
o Margin of Appreciation- Art 15(3)- has discretion to take measure but in accordance with the law
What is the procedure for states derogating under ICCPR?
Must officially proclaim emergency, inform UN Secretary-General of derogations and reasons, and notify when measures end.
Can a state derogate from ICESCR?
No, ICESCR does not contain a derogation clause; obligations remain even during emergencies.
