States of Emergency - Centre for Policy Alternatives

elation
to
 the
termination
 of
derogation…The Committee
emphasizes the obligation of immediate international
notiLication whenever a State party takes measures
derogating from its obligations under the Covenant. The
duty
of
the
Committee
to
monitor
the
law
and
practice
of
a
State
party
for
compliance
with
 article
4
 does
not
 depend
on
 whether
 that
 State
 party
 has
 submitted
 a
notiKication.” 243
4.3.4
The
Principle
of
Non‐Derogability
Perhaps the central pillar of the entire human rights protection
regime of the ICCPR, and of the other regional systems, the ECHR
and the ACHR, as well as of progressive domestic constitutional
bills of rights such as that of South Africa, is the principle of nonderogation
from certain fundamental rights even in a state of
emergency. These rights are considered so fundamental to human
dignity that they cannot be suspended under any circumstances.
In the ICCPR, this principle and the rights made subject to it, are
set out in Article 4 (2), which states, “No derogation from articles
6, 7, 8 (paragraphs 1 and 2), 11, 15, 16 and 18 may be made under
this provision.” The rights thus enumerated in Article 4 (2) are: the
right to life; freedom from torture and cruel, inhuman and
degrading treatment; freedom from slavery and servitude;
freedom from imprisonment merely due to non‐fulLilment of a
contractual obligation; prohibition on retroactive penal sanction;
right to be recognised as a person before the law; and the freedom
of thought, conscience and religion.
243
para.17, emphasis added
152