Rethinking Derogations from Human Rights Treaties
115(1) American Journal of International Law 20-40 (2021)
Duke Law School Public Law & Legal Theory Series No. 2020-53
23 Pages Posted: 14 Sep 2020 Last revised: 11 Feb 2021
Date Written: September 12, 2020
Abstract
Numerous governments have responded to the COVID-19 pandemic by declaring states of
emergency and restricting individual liberties protected by international law. However, many
more states have adopted emergency measures than have formally derogated from human rights
conventions. This Editorial Comment critically evaluates the existing system of human rights
treaty derogations. It analyzes the system’s problems, identifies recent developments that have
exacerbated these problems, and proposes a range of reforms in five areas—embeddedness,
engagement, information, timing, and scope.
Keywords: Human Rights, Derogation, Suspension, Emergency, COVID, Treaties, International Law
Suggested Citation: Suggested Citation