 Non-derogable rights

No State party shall, even in time of emergency threatening the life of the nation, derogate from the
Covenant’s guarantees of the:
1. Right to life (Article 6(1) ICCPR)
2. Freedom from torture, cruel, inhuman, or degrading treatment or punishment and from
medical or scientific experimentation without free consent (Article 7 & ICCPR)
3. Freedom from slavery or involuntary servitude(Article 8(1) & 8(2)ICCPR)
4. Right not to be imprisoned for contractual debt (Article 11, ICCPR)
5. Right not to be convicted or sentenced to a heavier penalty by virtue of retroactive criminal
legislation (Article 15(1),ICCPR)
6. Right to recognition as a person before the law (Article 16,ICCPR)
7. Freedom of thought, conscience & religion (Article 18(1, ICCPR)
These rights are non-derogable under conditions even for the asserted purpose of preserving the life
of the nation.

 Describe in the simplest and most brief way possible, the means by which a state may derogate
rights, based on the Siracusa Principles.

Based on the Siracusa Principles, the means by which a state may derogate rights happens when
it is faced with a situation of exceptional and actual or imminent danger which threatens the life of
the nation in a situation of “Public Emergency”.

A public emergency which threatens the life of the nation affects the whole of the population
and either the whole or part of the territory of the state. Further, it threatens the physical integrity of
the population, the political independence, the territorial integrity of the state and the basic
functioning of institutions needed to ensure and protect human rights.

In contrast, conflicts within the state that are not grave or a minimal threat threat to the life of
the nation cannot justify derogation measures. Lastly, a state party is required to make a official
proclamation of a public emergency. Derogation and the reasons thereof must be informed to other
state party members of the covenant, along with this is the effective date and termination date of the
derogation measures. Immediate and full restriction of rights must be made by State parties availing
itself of the non-derogable rights stated in Article 4 of the ICCPR. Failure to do so may subject the
state party to correct injustices and compensate those whose non-derogable rights are violated.