When a government declares a state of emergency, human rights and freedoms are also likely to be suspended. The main argument of this dissertation is to illustrate the extent to which a government can declare a state of emergency in an attempt to maintain order without violating human rights. This study will focus on the connection between the state of emergency and human rights. This will be in reference to the violation of human rights. However, the argument will be based on the extent to which a government declaring a state of emergency can enhance the maintenance of order without the violation of human rights.
The Relationship between the State of Emergency and Human Rights
The declaration of a state of emergency by the government can result in the suspension of judicial powers, therefore, alerting citizens to change their behaviors. The declaration of a state of emergency by the government is also normally considered as a rationale for the suspension of human rights and freedoms. There are human rights treaties that allow a system of derogations. They allow states to amend their obligations for a given duration in special circumstances, for example, when there is a public emergency that is a threat to the nation. Allowing the derogation systems is relevant to the question because; despite these exceptional measures being permissible, there is an extent to which the government can address issues that pose threats to the nation without violating human rights.
Factors dictating the extent to which the government can declare a state of emergency without violating human rights
The extent to which a government can declare a state of emergency without violating human rights will depend on certain requirements in the international human rights treaty. The factors include; the severity of the situation resulting in the declaration of a state of emergency. This is relevant as it dictates situations in which the government can declare a state of emergency without violating human rights.
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