Human rights in times of crisis: Derogation regime under article 15 of the European Convention on Human Rights

Since ancient times, in the face of crises, governments have established extraordinary tools and powers to deal with the crises. The factual basis for the emergence of emergency ruling models or powers in history has often been war or important national security reasons. The first theories explaining the origin and nature of these regimes were related to the idea of resorting to emergency powers or self-defense due to the motive of self-preservation or circumstances of necessity. The regulation of emergency regimes in liberal democracies is based on the principles of limited powers and the rule of law. These extraordinary administrative procedures and powers, which are resorted to due to various factual circumstances, have been placed on normative foundations by national legal orders. In the aftermath of the Second World War, one of the most intense tests of fundamental rights and freedoms, which have ceased to be a matter of domestic law, has been emergency regimes. From this point of view, the derogation regime has been designed as a crisis norm in international and regional human rights protection systems regarding the measures taken by states during the implementation of extraordinary administrative procedures. The balance between measures to overcome emergencies and the protection of individual rights and freedoms is achieved through these articles. This power, which can be exercised by States under certain conditions and to a certain extent, allows them to derogate from their obligations under the Convention in relation to the measures they take. Article 15 of the European Convention on Human Rights, which has an effective supervisory mechanism, stands out among the derogation clauses in some of the protection systems at the international and regional levels. This study is based on the historical-theoretical background of emergency regimes and Article 15, which is designed to regulate emergency regimes and emergency powers in international human rights law. Starting with the reason for the choice of the term, which constitutes the normative analysis of the study, and the conceptual explanation, this study focuses on the regime regulating the reduction of the obligations of states under the Convention compared to ordinary times and the supervision mechanism of the European Court of Human Rights. Article 15 plays a critical role in the Convention system to maintain the delicate balance between the interests of the individual and the public interest in a democratic society when dealing with a state of crisis or emergency. A careful examination and articulation of the substantive and procedural elements of the derogation regime under Article 15 of the European Convention on Human Rights, as well as the jurisprudential standards of the supervisory mechanism, is becoming increasingly important in the so-called "age of crises".