Summary of non-derogable rights and obligations ICCPR, Article 4(2) ECHR, Article 15(2) The right to life (Article 6) The right to life, with exceptions for deaths that result from lawful acts of war (Article 2) The right to freedom from torture and inhuman or degrading treatment or punishment (Article 7) The right to freedom from torture and inhuman or degrading treatment or punishment (Article 3) The right to freedom from slavery and servitude (Article 8) The right to freedom from slavery and servitude (Article 4(1)) The right not to be imprisoned on the ground of inability to fulfil a contract (Article 11) The right not to be subjected to retroactive legislation (ex post facto laws) (Article 15) The right not to be punished without law (Article 7) The right to recognition as a person before the law (Article 16) The right to freedom of thought, conscience and religion (Article 18) In addition, the UN Human Rights Committee has provided “illustrative examples” of provisions and principles not listed in Article 4 of the ICCPR that, nevertheless, cannot be subject to lawful derogation. These include, inter alia:14 • All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person; • The protection of the rights of persons belonging to minorities; and • The right to an effective remedy which is inherent in the exercise of other non-derogable rights,15 and the fundamental principles of a fair trial16 The International Covenant on Economic, Social and Cultural Rights (ICESCR) does not contain a derogation clause and, thus, states’ obligations related to economic, social and cultural rights are in effect during emergency situations.17 The UN Committee on Economic, Social and Cultural Rights (CESCR) has emphasized that core obligations on the right to health,18 14 15 16 17 18 Ibid., para 13. The right to an effective remedy is described in Article 2 of the ICCPR and Article 13 of the ECHR. See: Ibid., paras. 14-15. Ibid., para. 16; and General Comment No. 32 (2007), UNHRC, “General Comment No. 32, Article 14, Right to Equality Before Courts and Tribunals and to Fair Trial”, para. 6, <https://www.refworld.org/docid/478b2b2f2.html>. The International Covenant on Economic, Social and Cultural Rights (ICESCR) neither prohibits nor permits derogations. See: UN General Assembly, ICESCR, 16 December 1966, <https://www.ohchr.org/en/professionalinterest/pages/cescr.aspx>. All OSCE participating States except Andorra and the Holy See are parties to the Covenant. Ibid., Art. 12. See: UN Committee on Economic, Social and Cultural Rights (CESCR), “General Comment No. 14: The Right to the Highest Attainable Standard of Health (Art. 12 of the Covenant)”, 11 August 2000, paras. 43 and 47, <https://www.refworld.org/docid/4538838d0.html>. 9