uu.seUppsala University Publications
Change search
ReferencesLink to record
Permanent link

Direct link
State of Emergency och mänskliga rättigheter
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Theology, Department of Theology.
2016 (Swedish)Independent thesis Advanced level (degree of Master (One Year)), 10 credits / 15 HE creditsStudent thesis
Abstract [en]

Abstract

The purpose of this study was to examine and compare how a crisis that is a threat to the life of a nation is defined and regulated in two treaties, namely the European Convention for the protection of Human Rights and Fundamental Freedoms, ECHR, and the International Covenant on Civil and Political Rights, ICCPR. Are human rights protected during a state of emergency?

The method of examination was based on a review of the treaties, case-law and relevant literature.

The study has highlighted how some concepts such as non-derogable rights and derogable rights are related to a crisis and may be used by a government to cope with a state of emergency.

The results of the study show both similarities and differences between the two treaties and the practice of their organs, the European Court, ECtHR, and the Human Rights Committee, HRC.

However, there is a risk of abuse, and therefore one could recommend the use of limitation, instead of derogation, as far as possible.

Key-words: ECHR, ICCPR, human rights, non-derogable rights, limitation, derogation.

Place, publisher, year, edition, pages
2016. , 39 p.
National Category
Humanities
Identifiers
URN: urn:nbn:se:uu:diva-297147OAI: oai:DiVA.org:uu-297147DiVA: diva2:952435
Subject / course
Human Rights
Educational program
Master Programme in Human Rights
Supervisors
Examiners
Available from: 2016-08-31 Created: 2016-06-21 Last updated: 2016-08-31Bibliographically approved

Open Access in DiVA

No full text

By organisation
Department of Theology
Humanities

Search outside of DiVA

GoogleGoogle Scholar
The number of downloads is the sum of all downloads of full texts. It may include eg previous versions that are now no longer available

Total: 7 hits
ReferencesLink to record
Permanent link

Direct link