States have a
right to derogate from certain obligations in order to deal with public
emergencies. When a state finds itself in a state of emergency, some
civil-political human rights may be temporarily restricted (“derogation”,
Article 4, ICCPR). However, a state of emergency always has to be officially
declared and accounted for, and has to be limited in time. Some human rights
like the prohibition of torture cannot be derogated under any circumstances.
All other human rights treaties do not allow the temporary derogation of
particular rights in a state of emergency.
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