Open AccessDEROGATION OF HUMAN RIGHTS DURING STATES OF EMERGENCY (COMPARATIVE ANALYSIS OF CASE LAW OF INTERNATIONAL BODIES FOR THE PROTECTION OF HUMAN RIGHTS)
Author(s) -
Ольга Киселева,
Ольга Киселева
Publication year - 2016
Publication title -
žurnal zarubežnogo zakonodatelʹstva i sravnitelʹnogo pravovedeniâ
Language(s) - English
Resource type - Journals
eISSN - 2587-9995
pISSN - 1991-3222
DOI - 10.12737/21867
Subject(s) - derogation , human rights , law , political science , treaty , international human rights law , international law , customary international law , fundamental rights , state (computer science) , law and economics , public international law , sociology , algorithm , computer science
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.