14
Resource book on the use of force and firearms in law enforcement
often called upon to facilitate assemblies and protests. An assessment of the appropriateness of using
force in such contexts should take into consideration the rights of those participating in such events.
Right to an effective remedy
As part of their human rights obligations, States must also provide for an effective remedy
in case human rights have been violated.42 The right to remedy requires States to set up
relevant mechanisms where people whose rights have been violated can seek and secure
redress. The United Nations Basic Principles and Guidelines on the Right to a Remedy and
Reparation for Victims of Gross Violations of International Human Rights Law and Serious
Violations of International Humanitarian Law43 provide further guidance in this regard.
EXCEPTIONAL CIRCUMSTANCES
Under international human rights law, it is possible for States to exceptionally derogate from certain
human rights obligations as well as to impose limitations on the exercise of certain rights. Such
restrictions on rights, whether in the form of limitations or derogations, can never be arbitrary or
discriminatory.
Limitations
The ICCPR and other human rights instruments allow States to limit certain rights and freedoms, but
only in conformity with the law and when necessary in a democratic society. Limitations are only
permitted in pursuance of a legitimate aim, such as in the interests of national security or public
safety, public order (ordre public), the protection of public health or morals or the protection of the
rights and freedoms of others.a Any measures taken to limit the enjoyment of rights must be necessary under the circumstances and proportionate to the legitimate aim pursued and the threat
encountered. Moreover, safeguards against the arbitrary or abusive application of the law and of
concrete measures must be available. The rights and freedoms that can be limited include:
•
•
•
•
•
Liberty of movement
The right to manifest one’s religion or belief
Freedom of expression
Freedom of peaceful assembly
Freedom of association
Derogations
The ICCPR also provides for the possibility for States to temporarily adjust certain obligations under
the treaty at times of “public emergency which threatens the life of the nation”, provided a number
of conditions are met.b Measures derogating from human rights obligations are bound by the
principle of proportionality as they are only permitted “to the extent strictly required by the exigencies of the situation”, they must be limited in time, and may not be discriminatory. Certain human
rights, such as the rights to life and freedom from torture and other forms of ill-treatment are
non-derogable in all situations, including states of emergency or armed conflict. With regard to the
use of force, the BPUFF provide that exceptional circumstances, such as internal political instability
or any other public emergency may not be invoked to justify any departure from the BPUFF.c
a
ICCPR, articles 6, 12, 18, 19, 21 and 22.
ICCPR, article 4. See also article 15 of the European Convention on Human Rights, and article 27 of the American
Convention on Human Rights. The African Charter on Human and Peoples’ Rights does not contain a derogation clause.
However, domestic law should still accord with international obligations.
b
c
BPUFF, principle 8.
See ICCPR, article 2(3).
Adopted and proclaimed by General Assembly resolution 60/147 of 16 December 2005, see for full text at:
http://www.ohchr.org/EN/ProfessionalInterest/Pages/RemedyAndReparation.aspx
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43
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