In a legitimate and declared state of emergency, States can take measures which limit or suspend (or “derogate”
from) the enjoyment of certain rights. Such derogations are permitted only to the extent necessary for the
situation and may never involve discrimination based on race, colour, sex, language, religion or social origin. Any
derogation must be reported to the Secretary- General of the United Nations. However, in accordance with article 4,
para- graph 3 of the International Covenant on Civil and Political Rights (ICCPR), certain human rights –
non-derogable rights – may never be suspended or restricted even in situations of war and armed conflict. These
include the right to life, freedom from torture, freedom from enslavement or servitude and freedom of thought,
conscience and religion. In addition, in times of armed conflict where humanitarian law applies, human rights law
continues to afford protection.
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