2.2. SAFEGUARDS TO HUMAN RIGHTS DURING EMERGENCIES Whether invoking states of emergency or otherwise using emergency powers without a formal declaration of a state of emergency, states must meet certain requirements under international law. This principle applies both to states that submit notification of derogations from human rights obligations and to those that restrict human rights without derogations. For OSCE participating States, the Copenhagen Document of 199025 and the Moscow Document26 describe the requirements for declaring states of emergency and proscribe the limits of and procedure for derogations from human rights obligations. Safeguards are also set forth in the ICCPR, the ECHR and the Siracusa Principles.27 States must respect the following principles when exercising emergency powers (with or without having declared a state of emergency):28 • Necessity: Emergency measures must be limited in scope; restrictions must be motivated by a legitimate goal and not used for any other purpose/s; • Proportionality: The least intrusive measures should be used; • Temporality: Emergency measures must be time-bound and include safeguards (e.g., sunset clauses, oversight and review); • Legality: The rule of law prevails during states of emergency; emergency measures must comply with national and international law; • Transparency: A state of emergency must be declared publicly;29 governments should ensure that information about emergency legislation and measures are accessible to the public. Where appropriate, public authorities should encourage informed participation in “public matters of general interest”30; and 25 OSCE, “Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE” (Copenhagen Document), 29 June 1990, <https://www.osce.org/odihr/elections/14304>. 26 OSCE, Moscow Document, op. cit., note 23. 27 American Association for the International Commission of Jurists, “Siracusa Principles on the Limitation and Derogation of Provisions in the International Covenant on Civil and Political Rights”, April 1985, <https://www.icj.org/wp-content/uploads/1984/07/Siracusa-principles-ICCPR-legal-submission-1985-eng.pdf>. 28 The principles – which are non-binding – are based on guidance provided by the UN Office of the High Commissioner for Human Rights (OHCHR) on derogation from the ICCPR, “Emergency Measures and COVID-19: Guidance”, 27 April 2020, <https://www.ohchr.org/Documents/Events/EmergencyMeasures_ COVID19.pdf>; guidance from the Council of Europe on derogation from the European Convention on Human Rights (ECHR) reflects substantially similar principles, “Respecting Democracy, Rule of Law and Human Rights in the Framework of the COVID-19 Sanitary Crisis”, 7 April 2020, <https://rm.coe.int/ sg-inf-2020-11-respecting-democracy-rule-of-law-and-human-rights-in-th/16809e1f40>. 29 Among OSCE participating States, there is an additional obligation to inform the Organization (ODIHR) about a state of emergency; ODIHR then conveys the information to the other participating States. See: OSCE, Moscow Document, op. cit., note 23, para. 28.10. 30 In reference to derogations from the ECHR, Council of Europe, “Respecting Democracy, Rule of Law and Human Rights in the Framework of the COVID-19 Sanitary Crisis”, 7 April 2020, <https://rm.coe.int/ sg-inf-2020-11-respecting-democracy-rule-of-law-and-human-rights-in-th/16809e1f40>. 11