International human rights law recognises that exceptional situations may require temporary emergency measures. However, such measures must remain within the limits of international legal obligations and must protect fundamental rights.
PUBLIC LEGAL REFERENCE
Rights During States of Emergency
← Back to International Law LibrarySUBSTANTIVE TEACHING
Study Chapter
Open each section when you are ready to study it. Your legal text is preserved in full; the expandable layout simply makes the material easier to navigate.
A state of emergency is a situation where a serious public threat affects the life of a nation and requires exceptional responses. International law requires that emergency powers are exercised according to law.
Emergency measures must have a lawful basis, be necessary to address the threat and be proportionate to the situation. States cannot use emergencies as a justification for unlimited government power.
Some human rights treaties allow limited derogation from certain obligations during genuine emergencies. Such restrictions must follow legal requirements and cannot affect rights that are protected from suspension.
Certain fundamental protections cannot be suspended even during emergencies. These include protections against torture and other core human rights guarantees recognised by international law.
International organisations and treaty monitoring bodies examine whether emergency measures comply with human rights obligations and whether States continue to respect legal protections.
Students should understand that emergency powers are limited by legality, necessity and proportionality. International law permits some restrictions but protects fundamental rights from suspension.
Students should understand that emergency powers must remain subject to international law, including principles of necessity, proportionality and protection of fundamental rights.
International law recognises that emergencies may require temporary measures, but these powers remain limited by legal safeguards. States must act lawfully, proportionately and continue protecting fundamental human rights.