Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The expanding catalogue of human rights of non-derogable nature

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

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

10.1163/ej.9789004162464.i-760.150
/content/books/10.1163/ej.9789004162464.i-760.150
dcterms_subject,pub_keyword
6
3
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    The Law of Occupation — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation