Derogation of Obligations
- Prior to the derogation of human rights and electoral obligations, a state of emergency was publicly announced
- When derogating obligations and/or restricting human rights, the least restrictive measures were taken and no limitations were placed on nonderogable rights
- Any restrictions on rights were justified by law and subject to review
- Measures derogating from provisions of the covenant must be of a temporary and exceptional nature and strictly required by the exigencies of the situation.
- Derogation measures must be justified by law and subject to review.
- In applying a limitation, a state should use the least restrictive means required.
- Derogation measures cannot discriminate on the basis of race, color, sex, language, religion, sexual orientation, gender identity, disability, or social origin.
- Laws governing states of emergency should provide a prompt and independent review by the legislature of the necessity of derogation measures.
- Provisions of internal law may not be used as justification for failure to perform a treaty.
- The state must publicly announce a state of emergency before any derogation measures are put into place.
- Limitations must respect the non-derogable nature of certain rights and may not undermine the exercise of rights protected by other international obligations of the state.
- At times, in a state of emergency, it may be necessary for a state to relax the full protection of human rights and electoral obligations or derogate their obligations.