Derogation measures cannot discriminate on the basis of race, color, sex, language, religion, sexual orientation, gender identity, disability, or social origin.
- According to article 4, paragraph 1, one of the conditions for the justifiability of any derogation from the Covenant is that the measures taken do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin.
- The equal enjoyment of human rights by women must be protected during a state of emergency (article 4). States parties which take measures derogating from their obligations under the Covenant in time of public emergency, as provided in article 4, should provide information to the Committee with respect to the impact on the situation of women of such measures and should demonstrate that they are non-discriminatory.
- The Committee recommends that States parties: Ensure that new constitutions provide for temporary special measures, apply to citizens and non-citizens, and guarantee that women’s human rights are not subject to derogation in states of emergency.
- No limitation on a right recognized by the Covenant shall discriminate contrary to Article 2, paragraph 1 [ICCPR].