Human Rights in Times of Emergencies
Context
Several countries have derogated from their international legal obligations, whereas others have been operating for many years under martial law. Since its adoption, nine European countries have derogated from the European Convention on Human Rights (ECHR), namely Albania, Armenia, France, Georgia, Greece, Ireland, Turkey, Ukraine, and the United Kingdom. After September 2001, and in more recent years, we have seen a rise in the adoption or amendment of domestic laws which deal with emergency situations. This topic has attracted significant attention in the legal community with two guidelines adopted on this issue (the Paris Minimum Standards and the Siracusa Principles) in the 1980s. The International Law Association has recently established a Committee on Human Rights in Times of Emergencies to look into this matter. Several questions arise when discussing human rights in times of emergencies. First, what amounts to an emergency situation? What limitations can be placed on human rights in times of emergencies? What procedures need to be followed by a State to properly derogate from its international legal obligations? What is the relationship between national and international law in this regard? This seminar will try to shed light on some of these questions.
Panel discussion:
Asbjørn Eide, Jan Helgesen, and Gentian Zyberi (each speaking for about 10-15 minutes)
Asbjørn Eide: Promoting conditions for human rights compliance: The work of the UN Sub-Commission on Promotion and Protection of Human Rights;
Jan Helgesen: The work of the Venice Commission on human rights in times of emergencies and constitutional guarantees in the Norwegian constitution;
Gentian Zyberi: Derogation clauses in the main UN human rights treaties and regional human rights conventions: towards a global emergency law?
Q&A - 30 minutes