Rethinking Derogations from Human Rights Treaties

Abstract

Numerous governments have responded to the COVID-19 pandemic by declaring states of
emergency and restricting individual liberties protected by international law. However, many
more states have adopted emergency measures than have formally derogated from human rights
conventions. This Editorial Comment critically evaluates the existing system of human rights
treaty derogations. It analyzes the system’s problems, identifies recent developments that have
exacerbated these problems, and proposes a range of reforms in five areas—embeddedness,
engagement, information, timing, and scope.

Keywords: Human Rights, Derogation, Suspension, Emergency, COVID, Treaties, International Law