The Principles and Criteria for Human Rights Derogation in States of Emergency

Abstract

In states of emergency, some citizens' rights are restricted and derogated to safeguard the public interest and restore social order. Although human rights derogation has legitimacy and necessity, the restrictions imposed by authorities cannot be unlimited. To better safeguard human rights and avoid abuse of derogation, this paper summarizes the basic principles of rights derogation, clarifies the boundaries, conditions, and extent of rights derogation, and advocates bringing the exercise of emergency powers into the rule of law, which embodies the spirit of respecting and protecting human rights under the rule of law and promote the construction of China's emergency legal system.