CEU Electronic Theses and Dissertations, 2015
| Author | Ryspaeva, Altynai Tilekovna |
|---|---|
| Title | Justification of Derogations of Human Rights in Emergency Situations |
| Summary | Human rights are protected by international, regional and local laws. Generally, restrictions of human rights by states or individuals are prohibited. However, in exceptional cases states are allowed to derogate from certain rights for a limited period of time. Since not every conflict or riot may be considered as a reason to declare a state of emergency, the states have to fulfill requirements established by International and regional instruments to derogate in accordance with a law. Therefore, to make derogation in accordance with the law, the requirements established by International Covenant on Civil and Political Rights, such as public emergency that threaten the life of nation, official declaration of state of emergency, non- discrimination and consistency with the obligations under International Law, have to be met. International standards of derogation as well as emergency laws of United States of America, Israel and United Kingdom will be analyzed from theoretical and practical side. In addition to that, theories of derogation of Niccolo Machiavelli, Jean Jacques Rousseau and Carl Schmitt will be reviewed to compare ancient and modern understanding of emergency situation as well as derogation. |
| Supervisor | Mordechai Kremnitzer |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2015/ryspaeva_altynai.pdf |
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