Paper by Adina Ponta. InSights Vol. 25, Issue 5, American Society of International Law.
April 20, 2020.
Over time, natural calamities and armed conflicts have demonstrated that human rights are often the first casualties of a crisis. Even in "ordinary times," limitations on non-absolute rights or freedoms are permissible, provided these have a legal basis, they pursue a legitimate aim, including public health, and pass a necessity and proportionality test. Every limitation is further subject to the principles of equality and non-discrimination. By contrast, derogations are extraordinary measures permitted inter alia under article 4(1) of the International Covenant on Civil and Political Rights (ICCPR), by which a human right can be temporarily suspended or restricted in response to a public emergency. Although several international human rights instruments may be relevant, this Insight will focus on derogations under the ICCPR and some limitations under the International Covenant on Economic, Social and Cultural Rights (ICESCR).
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