Rethinking Derogations from Human Rights Treaties
115(1) American Journal of International Law (2021 Forthcoming)
23 Pages Posted: 14 Sep 2020
Date Written: September 12, 2020
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 many 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
Suggested Citation: Suggested Citation