A more comprehensive explanation of view on why states derogate from their human rights obligations in time of crisis

The derogation clause of the European Convention on Human Rights (ECHR) allows states to limit the exercise of most human rights in time of war and public emergencies threatening the life of the nation. To fight off the exceptional circumstances brought by the COVID-19 global pandemic, governments are extensively restricting human rights. Almost all states have introduced emergency measures, however only ten Member States of the Council of Europe have formally derogated from the ECHR by notifying the Secretary General. This thesis will attempt to explain why some states derogate from their human rights obligations whilst others do not when they take emergency measures. The thesis will move beyond the already existing theory of which states derogate and why they do so by looking at the differences within regime type rather than only looking at regime type. By comparing two very similar countries, Latvia and Lithuania, which only differ on whether they have derogated or not, the...Show moreThe derogation clause of the European Convention on Human Rights (ECHR) allows states to limit the exercise of most human rights in time of war and public emergencies threatening the life of the nation. To fight off the exceptional circumstances brought by the COVID-19 global pandemic, governments are extensively restricting human rights. Almost all states have introduced emergency measures, however only ten Member States of the Council of Europe have formally derogated from the ECHR by notifying the Secretary General. This thesis will attempt to explain why some states derogate from their human rights obligations whilst others do not when they take emergency measures. The thesis will move beyond the already existing theory of which states derogate and why they do so by looking at the differences within regime type rather than only looking at regime type. By comparing two very similar countries, Latvia and Lithuania, which only differ on whether they have derogated or not, the dissimilar element that will be found is likely to be the explanatory variable on why some states derogate whilst others do not. The willingness of states to maintain parliamentary democracy in time of crisis, seems to be the explanatory variable for why some states derogate when taking emergency measures whilst others do not derogate when taking emergency measures. In the end, this thesis would like to generate a more thoroughgoing view on why states derogate in time of crisis.Show less

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A more comprehensive explanation of view on why states derogate from their human rights obligations in time of crisis