Independent thesis Advanced level (degree of Master (One Year)), 10 credits / 15 HE credits
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.
2016. , 39 p.