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?