Analyzing the enforceability of the Provisions of ICCPR (Case Study Non-Derogable rights in the Public Emergency)

Abstract

Effective enforcement of non-derogable rights during a state of emergency requires adherence to legal framework, proportionality, dedicated commitment to human dignity and the rule of law. Although emergency might justify certain limitations, the protection of non-derogable rights is the fundamental goal of the ICCPR. To effectively enforce the non derogable rights during emergency the state party has to take all the actions but if the state is reluctant to do so the grave violations of human rights can be expected, to avoid such violations, it is necessary to follow the international obligation during emergency to eradicate maximum violations before even they have occurred. State party should coordinate with the committee, other state parties and the third party observing the international protocols before the derogations and after the termination of such derogation.