Restrictions and Derogations
pa rt I
3.2 Derogations from Obligations During a State of Public Emergency
Copenhagen 1990
(16) The participating States
(16.3) - stress that no exceptional circumstances whatsoever, whether a state of war
or a threat of war, internal political instability or any other public emergency, may be
invoked as a justification of torture;
(…)
(24) (…) Any restriction on rights and freedoms must, in a democratic society, relate
to one of the objectives of the applicable law and be strictly proportionate to the aim of
that law.
(25) The participating States confirm that any derogations from obligations relating
to human rights and fundamental freedoms during a state of public emergency must
remain strictly within the limits provided for by international law, in particular the relevant international instruments by which they are bound, especially with respect to
rights from which there can be no derogation. They also reaffirm that
(25.1) - measures derogating from such obligations must be taken in strict conformity
with the procedural requirements laid down in those instruments;
(25.2) - the imposition of a state of public emergency must be proclaimed officially, publicly, and in accordance with the provisions laid down by law;
(25.3) - measures derogating from obligations will be limited to the extent strictly
required by the exigencies of the situation;
(25.4) - such measures will not discriminate solely on the grounds of race, colour, sex,
language, religion, social origin or of belonging to a minority.
Moscow 1991
(28) The participating States consider it important to protect human rights and fundamental freedoms during a state of public emergency, to take into account the relevant
provisions of the Document of the Copenhagen Meeting, and to observe the international conventions to which they are parties.
(28.1) The participating States reaffirm that a state of public emergency is justified only
by the most exceptional and grave circumstances, consistent with the State’s international obligations and CSCE commitments. A state of public emergency may not be
used to subvert the democratic constitutional order, nor aim at the destruction of internationally recognized human rights and fundamental freedoms. If recourse to force
cannot be avoided, its use must be reasonable and limited as far as possible.
68 OSCE Human Dimension Commitments
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