free law journal - volume 3, number 1 (18 january 2007)

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FREE LAW JOURNAL - VOLUME 3, NUMBER 1 (18 JANUARY 2007)92DR. ERKAN KÜÇÜKGÜNGÖR - LEGAL REQUIREMENTS FORADOPTION UNDER TURKISH LAW
FREE LAW JOURNAL - VOLUME 3, NUMBER 1 (18 JANUARY 2007)ABSENCE OF ECONOMIC, SOCIAL,AND CULTURAL RIGHTS AS AJUSTIFICATION FOR PUBLICEMERGENCYBY DR. ANWAR FRANGI*INTRODUCTION1. Article 4 of the International Covenant on Civil and PoliticalRights 1 provides that a State may derogate from its obligation underthe Covenant “in times of public emergency which threaten the lifeof the nation.” No derogation, however, may be made from certainrights, such as the right to life (Article 6); the right not to be subjectto torture or to cruel, inhuman or degrading punishment (Article 7);the right not to be held in slavery (Article 8); the right not to beimprisoned on the ground of inability to fulfill a contractualobligation (Article 11); the right not to be prosecuted for a‘retroactive’ crime or subject to a ‘retroactive’ punishment (Article15); the right to recognition everywhere as a person before the law(Article 16), and the right to freedom of thought, conscience andreligion (Article 18).* LL.M. 1994, Harvard Law School (Massachusetts, USA); LL.M. 1992, AmericanUniversity Washington College of Law (Washington, D.C.); Ph.D. 1986,University of Poitiers Law School (France); D.E.A. 1983, University of PoitiersLaw School (France); LL.B. 1982, Lebanese University Law School (Lebanon).Dr. Frangi is professor of human rights and researcher at the Holy SpiritUniversity of Kaslik (Lebanon), and professor of international law at La SagesseUniversity Faculty of Law (Lebanon).1Adopted December 19, 1966, entered into force March 23, 1976, U.N.G.A. Res.2200 (XXI), 21 U.N. GAOR, Supp. (No. 16) 52, U.N. Doc. A/6316 (1966).(Hereinafter, “ICCPR”).93DR. ANWAR FRANGI - ABSENCE OF ECONOMIC, SOCIAL, ANDCULTURAL RIGHTS AS A JUSTIFICATION FOR PUBLICEMERGENCY
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free law journal - volume 3, number 1 (18 january 2007)

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