States Derogation From Human Rights Treaties in the Age of COVID-19 Pandemic: From Current Legal Regime to Strategies to Achieve a Desired Status

Numerous treaties in the field of human rights have entrusted express legal obligations to States in order to respect for and observance of human rights and fundamental freedoms of all individuals under their territorial jurisdiction. Yet, the existence of a state of public emergency of significant magnitude may put States in special circumstances that are unable to fulfill some of their human rights obligations. In order to avoid legal confusion in such circumstances, the International Human Rights System tries to reduce human rights violations by means of providing a legal mechanism. The rapid outbreak of COVID-19 can be considered as an example of the realization of a state of public emergency that threatens the lives of all human beings. Accordingly, many States have adopted measures and arrangements for derogation from human rights treaties by declaring a state of emergency. This article seeks to answer what may be the legal regime governing the States derogation from the human rights treaties and how it would correct its shortcomings and deficiencies, especially in the era of the COVID-19 pandemic. The hypothesis put forward in the present article is that the existing legal regime, despite its legal strengths, has certain shortcomings and deficiencies. The findings of the present study show that there is the possibility of States' derogation from some of their human rights obligations in the form of the derogation clause; yet, some reforms in the existing legal regime seem necessary.