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

other media. 331 During a state of emergency the state may choose to derogate from
the prohibition of propaganda for war including any advocacy of national, racial or
religious hatred that constitutes incitement to discriminate, or encourage hostilities or
violence against those that they are projecting against. 332
The state may choose to derogate from the right to peaceful assembly and they may
restrict the exercise of this right in the interests of national security, public safety,
public order, public health or the rights and freedoms of others. 333 The right to
freedom of association with others can be removed by the state, including the right to
join trade unions. 334 In a state of emergency the state can take away fundamental
rights to family, including the right to protection by society and the state. The right to
marriage can be taken away as can the right not to be forced into marriage, the right
to divorce and the right for provisions for the protection of children. 335 The state can
even take away the right of children to protection as is normally required by their
status as minors. Children do not have to be named legally and they do not have a
right to nationality if they are born within the time at which the state is derogating
from these civil and political rights during a state of emergency. 336 The rights of every
citizen can be taken away by the state to take part in the conduct of public affairs,
through a freely chosen representative, to vote and to be elected, the right to equal
suffrage, secret ballot, free expression and to have access to equality, or to public
service in his country. 337 The total protection of the law can be taken away by the
state in an emergency. Lastly the rights of minorities may be removed including the
rights of ethnic, religious, linguistic rights to share community with other members of
the group, to enjoy their own culture, to profess and practice their own religions and
or to use their own language. 338
In the normal state of affairs that are not considered a state of emergency all of the
above articles are protected as non-derogable in international law. Only within the
331 Article 19, page 10
332 Article 20 page 11,
333 Article 21 page 11
334 Article 22 (1) and 22 (2) page 11
335 Article 23 (1), 23 (2), 23, (3), 23, (4) page 12
336 Article 24 (1), 24 (2), 24 (3) page 12
337 Article 25 (a), (b) and (c) pages, 12 and 13
338 Articles 26 and 27 page 13
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