ضمانات الحماية الدولية لحقوق الانسان في أثناء حالات الطوارئ الداخلية

Abstract

This research explores the guarantees of human rights protection during states of emergency, focusing on procedural and substantive guarantees. It covers the principles of notification and declaration, necessity and proportionality, non-discrimination, and non-derogation from other international obligations. The research aims to highlight the importance of protecting human rights in exceptional circumstances.

The study included a set of findings, most notably that the international protection guarantees afforded to individuals in situations of internal emergency or internal violence are weak and inadequate, and do not meet the required standard. The resort to a state of emergency during internal violence results in the restriction of the exercise of many rights and freedoms, particularly in practice, where abuses can occur by the authorities responsible for implementing the state of emergency. Furthermore, the monitoring by regional human rights treaty bodies over human rights during states of emergency is limited, as states justify restricting rights under the guise of maintaining public order and national security, among other pretexts