Where is R2P grounded in international law? Anne-Marie Judson A ...

freedom to have or adopt a religion or belief. These rights may only be subject to
limitations prescribed by law to protect public safety, order, health, morals or the
fundamental rights and freedoms of others. Each state must not violate the rights of
the liberty of parents or legal guardians to ensure the religious and moral education of
their children in conformity with their own convictions.
These rights that have been identified are non-derogable rights; they cannot be
derogated from even in a state of emergency however the following list of rights may
be derogated under the heading of state of emergency and under the provisions
explained under Article 4. They contain the majority of the rights that are usually
non-derogable during times of peace or under other similar conditions that do not
normally constitute an ‘exceptional case’ or the temporary nature of a state
emergency. However some of these derogations also conflict with some of the nonderogable
rights already explained.
NON-PROHIBITED VIOLATIONS DURING STATE OF EMERGENCY
The rights that are unprotected during a state of emergency are Articles 1, 2, 3, 4, 5,
9, 10, 12, 13, 14, 19, 20, 21, 22, 23, 24, 25, 26 and 27. The other Articles relate only
to the provisions and the responsibilities of the state to this Convention. It could also
be argued that these too could be derogated from during a state of emergency as the
only conditions that were listed as non-derogable were 6, 7, 8 paras 1 and 2, 11, 15,
16 and 18. The following is a list of the derogations that may take place. They will be
described in toto rather than separated by individual divisions due to the extensive
nature of their descriptions. These articles are not included in the prohibited articles
under Article 4.
During a state of emergency states may derogate from the right to selfdetermination,
318 the right to political status, the right to freely pursue economic, and
social and cultural development; the right to freely dispose of one’s natural wealth and
resources without prejudice to any obligations arising out of international economic
co-operation, mutual benefit and international law; the right to subsistence; the right
to the present Covenant without distinction; The right to effective remedy, the right to
a competent authority, to judicial remedy, and the right to enforcement of the current
318 Article 1
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