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1. Explain the Siracusa Principles.

Give examples

The principles outline the limits on rights restrictions that


states may take during emergencies. Under Siracusa, restrictions are
only justified when they support a legitimate aim and are: provided
for by law, strictly necessary, proportionate, of limited duration,
and subject to review against abusive applications

In 1984 the United Nations adopted the Siracusa Principles which


state that restrictions on human rights in these circumstances must
meet standards of legality, evidence-based necessity and
proportionality.

The Siracusa Principles sought to achieve “an effective


implementation of the rule of law” during national states of
emergency, constraining limitations of human rights in government
responses. The Siracusa Principles are aimed at ensuring that
emergency response imperatives are taken with human rights
protections as an integral component, rather than an obstacle. The
Principles have since been incorporated into the corpus of
international human rights law, in particular through
the jurisprudence of the UN Human Rights Committee. They have come
to be widely recognized as the authoritative statement of standards
that must guide State actors when they seek to limit or derogate from
certain human rights obligations, particularly in times of exception
– including those states of emergencies that “threaten the life of
the nation.”

For example: there was an international "plague" of the 1970s state


emergency which included political unrest in countries such as
Argentina, Brazil, Chile, India, Ireland, Malaysia, and Pakistan.
These measures
should specifically aim at preventing illness, injury, or providing
care for the sick or injured. Moreover, consideration must be given
to the international health regulations of the International Health
Regulation (IHR). The Siracusa Principles were formulated out of
concern about individual human rights violations that might occur
when the state
acts to protect both communities by restricting individual rights.
The principles, taken together, can be interpreted as an attempt to
impose careful study and balance individual rights against the
interests of the state in ensuring the welfare of the larger
population. In the context of restricting public health, the Siracusa
Principles require that
every act of restricting an individual's human rights is determined
by law.
2. What are the nonderogable rights? Why are they non derogable?

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