An Umbrella With Holes: Respect for Non-Derogable Human Rights During Declared States of Emergency, 1996–2004

摘要

This paper examines the effects of non-derogability status for seven human rights during declared states of emergency from 1996 to 2004 in 195 countries. For this purpose, we create several original measures of countries’ state of emergency status. Our analysis finds the intended protections from the special legal status of non-derogable rights to be anemic, at best, during declared emergencies. This finding begs a reconsideration of both the utility of the “non-derogable” categorization in both international and municipal law, and the conditions under which declared states of emergency might be justified.