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Hartman (1981). Derogation from Human Rights Treaties in Public Emergencies

Hartman, J. F. (1981). Derogation from Human Rights Treaties in Public Emergencies-A Critique of Implementation by the European Commission and Court of Human Rights and the Human Rights Committee of the United Nations. Harv. Int'l. LJ22, 1.

Introduction

International protection of human rights is essential in crisis situationsInternational protection of human rights is essential in crisis situationswhere states suspend basic freedoms and frequently commit massiveviolations of human rights treaties. The European Convention onHuman Rights and Fundamental Freedoms (European Convention),'and the International Covenant on Civil and Political Rights (InternationalCovenant)2 attempt to constrain states from suspending fundamentalrights through the use of specific derogation articles.3 Thisarticle will examine the theory, history, operation and interpretationof article 15 of the European Convention and article 4 of the InternationalCovenant and will also focus on the capacity of the organscreated by the treaties to handle derogation cases involving publicemergencies....

Derogation from Human Rights Treaties