3.
Restrictions and
Derogations
3.1. Scope and Character of Legitimate Restrictions
Vienna 1989 (Questions Relating to Security in Europe: Principles)
(21) The participating States will ensure that the exercise of the above-mentioned rights will
not be subject to any restrictions except those which are provided by law and are consistent with their obligations under international law, in particular the International Covenant
on Civil and Political Rights, and with their international commitments, in particular the
Universal Declaration of Human Rights. These restrictions have the character of exceptions.
The participating States will ensure that these restrictions are not abused and are not applied
in an arbitrary manner, but in such a way that the effective exercise of these rights is ensured.
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.
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;
(…)
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