Derogation of Human Rights

It refers to the suspension or supression of human rights under particular circumstances like conflict, terrorism, pandemic.The provision of human rights derogation is on ICCPCR Article 4.

Requirements for possible derogation under ICCPCR:

1. There must be existence of a public emergency like conflict
2. Derogation should be consistent with the other obligations under international law.
3. The derogation must be applied in a non-discrimination manner without a distinction based on race, color,sex, language, religion or social origin.
4. The derogation must be related to the duration, geographical coverage and material scope of the derogation.
5. There must be official proclamation of human rights derogation.
6. State must inform the United Nations Secretary General about the derogation

Non-Derogable Rights in the ICCPCR:

1. Right to life.
2. Prohibition on torture, cruel, inhumane or degrading treatment.
3. Prohibition of slavery, slave trade and forced labor.
4. Prohibition on the imprisonment on the basis of inability to pay a contractual obligation.
5. Principle of legality in the field of criminal law.
6. Right to recognition as the person before the law.
7. Freedom of thought, conscience and religion.