DEROGATION OF HUMAN RIGHTS DURING STATES OF EMERGENCY (COMPARATIVE ANALYSIS OF CASE LAW OF INTERNATIONAL BODIES FOR THE PROTECTION OF HUMAN RIGHTS)
Rubrics: INTERNATIONAL LAW, EUROPEAN LAW
Authors:
Type:
Article
Pages:
from 0
to 0
Status:
Published
Received:
05.10.2016
Accepted:
05.10.2016
Published:
05.10.2016
Language:
Russian
Keywords:
international human rights law, derogation, protection of human rights, state of emergency.
Abstract (English):
In case of emergency state authorities are more inclined to abuse their powers and authority, so the international community created a complex system of application for derogation, which has its own features in every international treaty for the protection of human rights. Moreover, there are only general expressions in the texts of international treaties, while the necessary interpretation of legal derogation from the obligations is contained in the acts of international human rights bodies (in judicial decisions, as well as interpretations, such as the General Comment of the United Nations Human Rights Committee). This article analyses different approaches of the international bodies to the regulation of derogation of human rights during states of emergency.
In case of emergency state authorities are more inclined to abuse their powers and authority, so the international community created a complex system of application for derogation, which has its own features in every international treaty for the protection of human rights. Moreover, there are only general expressions in the texts of international treaties, while the necessary interpretation of legal derogation from the obligations is contained in the acts of international human rights bodies (in judicial decisions, as well as interpretations, such as the General Comment of the United Nations Human Rights Committee). This article analyses different approaches of the international bodies to the regulation of derogation of human rights during states of emergency.
Keywords:
international human rights law, derogation, protection of human rights, state of emergency.
international human rights law, derogation, protection of human rights, state of emergency.
