Dérogation en cas d'urgence: Etude comparative de la Convention Européenne des Droits de L'homme et du pacte international relatif aux droits civils et politiques

As with ordinary times, the protection of human rights and freedoms is also of great importance in extraordinary situations to which states are exposed for various reasons. Restoring law and order by fighting the threat faced with while respecting the rights and freedoms of individuals, is a major challenge for states. At this stage, the provisions of derogations which were envisaged to balance the future of states and public interests with individual rights and freedoms constitute one of the most important articles of human rights conventions. Violation of individual rights and freedoms under the human rights conventions by States, under the pretext of extraordinary circumstances, makes the question of the derogation extremely important. Therefore, it is considered that the analysis of derogation provisions aimed at striking a balance between individual rights and freedoms and public interests, in the light of the case law of these treaty bodies, will contribute to effective protection of individual rights and freedoms also during extraordinary periods.