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The expanding catalogue of human rights of non-derogable nature

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Chapter Summary

This chapter discusses the catalogue of human rights that the monitoring bodies of human rights treaties have classified as non-derogable in its documents or in their case-law. As rights that are ipso facto incapable of suspension, these rights must be respected in occupied territories. Under Article 4 of the ICCPR, the requirements for lawful derogation can be divided into procedural and substantial conditions. The procedural requirement consists of: (i) the proclamation of a state of emergency; and (ii) the notification to other state parties. The substantial requirements in turn encompass: (i) the existence of a state of emergency; (ii) proportionality; (iii) the prohibition on suspending non-derogable rights; (iv) consistency with other obligations of international law; and (v) non-discrimination. The chapter reviews the expanded scope of non-derogable rights, as set out in Human Rights Committee (HRC)s General Comment No. 29.

Keywords: human rights committee (HRC); human rights treaties; non-derogable nature; occupied territories



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