Derogation of rights within the scope of European Convention on Human Rights and state of emergency

Besides the legal context, human rights term is even commonly used in daily language. This causes a problem concerning which rights should be interpreted within the scope of human rights. Thus, it is important to clarify this situation, which is called human rights inflation by some authors. Yet, in order to understand the derogation of rights or obligations, it is necessary to give place to the definitions of the concepts of rights and human rights. The term of state of emergency also emerges as a concept that should be given place in detail in the context of our study. Thus, the intellectual and legal foundations of the state of emergency are important in understanding the theoretical structure of the state of emergency. Many states refer to the state of emergency for different reasons and take some extraordinary measures. Concerning the extraordinary measures taken during the state of emergency, the European Court of Human Rights gives a margin of appreciation to the states, but it supervises and examines both the declaration of the state of emergency and the measures taken during the state of emergency. Concordantly, the Constitutional Court of Republic of Türkiye, first looks at the existence of the interference and if it concludes that there is an interference, then the Constitutional Court of Republic of Türkiye evaluates this situation within the framework of Article 15 of the Constitution of Türkiye. The European Court of Human Rights, besides, primarily seeks the existence of a danger that threatens the entire nation. It also checks whether the measures taken are proportionate to the requirements of the state of emergency. During this inspection, European Court of Human Rights checks whether the other conditions listed in Article 15 are fulfilled.