Human Rights in a 'State of Emergency'

This paper examined the constitutional and legal derogations or limitations to which the enjoyment of Human Rights could be subjected, during a period of a State of Emergency. The article explored the legal procedure for declaration of a State of Emergency in Nigeria and the author contended that the current President of Nigeria may have followed the laid down procedure in his recent proclamation of Emergency Rule in Adamawa, Borno and Yobe States. However, the writer queried the legality of the continued existence of the Emergency Rule in the face of the failure to approve, or rather, the belated approval of the Rule by the National Assembly outside the constitutionally stipulated timeframe. The article discussed what human rights are all about, the approaches or schools of thoughts of human rights, kinds or classes of human rights as well as the fundamental human rights of Nigerians as guaranteed under Chapter IV of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). The author argued that while citizens are entitled to the enjoyment of their constitutionally enshrined rights, such rights are however not without corresponding duties and limitations especially in situations where public peace or the corporate existence of Nigeria is threatened. The author concluded by arguing that the Nigerian Army, nay the Nigerian Government cannot hide under the canopy of Emergency Rule in the said states to deny citizens of their constitutional rights except where such denial is reasonably justifiable or necessary to carry out the effective operation of the Rule while it lasts.

Teme, 2021

Human rights and freedoms are the most sensitive area and the ultimate measure of democracy in a state and society. Absolute human rights and freedoms cannot be restricted, even in conditions of war or emergency. This paper focuses on human rights which were derogated by declaring a state of emergency due to the imminent danger of the infectious disease COVID-19 caused by the SARS-CoV-2 virus. The author addresses the issues related to the definition of state of emergency and the derogation of the guaranteed human rights and freedoms, as well as the proportionality between the taken measures and intended goals of such restrictions. In particular, the author examines the international sources of law pertaining to the restriction of human rights, with specific reference to the situations and conditions when such restrictions are admissible. The content of the proportionality clause which is to be fulfilled by the state when restricting human rights and freedoms is one of the supreme precepts for admissibility and justifiability of such restrictions.

Zeitschrift für Menschenrechte/Journal for Human Rights, 2013

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Human rights in crisis?, 2021

A three part interview with three defenders on defending human rights in the midst of the pandemic. As part of my research to find how the current COVID-19 pandemic obstructs our routes to advance human rights, I present the stories of three human rights defenders. Zara*, Anna*, and Guliaim reflect on how their work and lives were changed this past year. How did the pandemic impact human rights in their region? Did their governments play the COVID-card to get their way? And, how were these human rights defenders able to continue their work?

SSRN Electronic Journal, 2016

The Age of Human Rights, 2021

This article is a critical reflection on human rights obligations and the changes that have taken place in their conception and functions, as well as their impact on the protection of human rights-especially in crises. The text is divided into two parts. The first section presents the features that characterise human rights obligations while focusing on the arguments that give them identity and reinforce their binding nature, with human beings as the subjects of rights and beneficiaries of obligations that broaden the responsibility of the obligated states. The second section analyses these obligations in times of crisis, such as the Covid-19 pandemic. Therefore, this piece of research focuses on two significant legal situations based on the relevant elements of obligations: on one hand, it critically reflects on the derogative clauses in obligations, and, on the other hand, reviews the prohibition of regression or dilution of human rights as a guarantee for the maintenance of such obligations.

Public Security and Public Order, 2019

This article aims to discuss selected problems related to the protection of individual rights and freedoms during the period of emergency. In his letter, the author refers to regulations contained in the European Union law and the European Convention on Human Rights. Then, individual solutions adopted in such countries as Great Britain, France, Germany, Lithuania and Poland are discussed. The author puts particular emphasis on the assessment of regulations in Poland and Lithuania, bearing in mind the principle of propetionality emphasized in the case law of the European Court of Human Rights in Strasbourg.

2018

The chain of mass protests in Ethiopia has affected the socio-economic and political situation of the country. Consequently, the government declared a state of emergency and banned a number of activities that have an impact on the enjoyment of the right to freedom of expression. Using the interdisciplinary human rights perspective, the thesis discusses the concept of the state of emergency and the right to freedom of expression based on international human rights standards and examines the administration of the state of emergency in Ethiopia and its impact on the enjoyment of the right to freedom of opinion and expression. Although international laws permit states to derogate from some of their human rights obligations, the states have to meet international human rights standards before taking any derogation measures.

This article will critically evaluate the jurisprudence of the European Court of Human Rights specifically with regards to Article 15 of the European Convention on Human Rights and its development since its inception. There is no doubt that departure from normal human rights standards in certain circumstances is unavoidable. Provisions such as Article 15 of the Convention should be in place to protect the life and territorial integrity of a nation in times of war and other emergency situations. Article 15 incorporates, in effect, the principle of necessity common to all legal systems. It allows a government to derogate from the Convention standards in times of public emergency. This article will review the reasons for Article 15, the requirements of the right to derogate and the procedure of derogation. Further, it will consider the case of A and Others v. the United Kingdom which will indicate the new challenges that the European Court of Human Rights will have to address in the future.