Any measures that derogate from human rights still have to be consistent with a state’s other obligations under international law. This means that even where derogation from certain human rights obligations is allowed, this still has to be consistent with other areas of international law that may apply to such measures.

example If the government announces derogation from the right to liberty during a war, any detention of civilians must still comply with international humanitarian law, which applies during armed conflicts.

International law also prohibits certain actions that must never be taken, even in response to an emergency. These include the taking of hostages, abductions, unacknowledged detentions, deportations or forcible transfers of populations lawfully living in the state, or other actions that are prohibited by international law.

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Last updated 18/03/2023