Chapter

Derogation of Freedom of Movement

Chaloka Beyani

in Human Rights Standards and the Free Movement of People Within States

Published in print February 2000 | ISBN: 9780198268215
Published online March 2012 | e-ISBN: 9780191683459 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198268215.003.0007

Series: Oxford Monographs in International Law

Derogation of Freedom of Movement

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At times when nations are undergoing states of war or national emergency, it can be noticed that throughout history, States have veered away from the protection of human rights. The States attempt to justify such actions through pointing out how the State should take the proper measures in maintaining its stability and ensuring its security against certain forms of delinquency that puts both individual and collective interests at risk. Although human rights standards recognize that there are certain incidences in which the principle of derogation must be imposed, a set of criteria that is well-defined is established to limit the occurrences of its application since derogation during states of emergency is believed to lessen the quality and degree of human rights.

Keywords: derogation; state of emergency; war; depreciation; human rights

Chapter.  6175 words. 

Subjects: Public International Law

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