the right to work19 and the right to education20 cannot be derogated from during emergencies or conflict. Within these general principles, specific rights related to ensuring health that are non-derogable include the right to access, without discrimination and especially for vulnerable or marginalized groups, essential primary health care; to access reproductive and maternal health care; to essential drugs, goods and services; to minimum essential food; to basic shelter, housing, water and sanitation; and the right not to be evicted from one’s house. Core (non-derogable) obligations related to the right to work include ensuring nondiscrimination and equal protection of employment, as well as the right of access to employment, especially for disadvantaged and marginalized individuals and groups. Such obligations related to education concern providing the most basic forms of education, which also includes the right of access to public educational institutions and programmes on a non-discriminatory basis. It is worth noting that the rights set forth in the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) are not subject to derogation in states of emergency,21 as will be discussed in more detail below. The UN Convention on the Rights of Persons with Disabilities does not include any provision on derogation and, in fact, imposes heighted obligations to ensure the protection and safety of persons with disabilities “in situations of risk, including situations of armed conflict, humanitarian emergencies and the occurrence of natural disasters” (along with guaranteeing women with disabilities the enjoyment of the human rights contained in the Convention).22 Whether emergency measures adopted by a particular state warrant derogation from commitments under either the ICCPR or the ECHR depends on several considerations. Both treaties allow for the restriction of some rights, when necessary for national security, public order or public health. Therefore, emergency measures that do not overstep these bounds would not strictly require derogation. Lower-level emergencies may require states to regulate people’s behaviour without negating human rights obligations. Indeed, the UN Human Rights Committee has emphasized that “[n]ot every disturbance or catastrophe qualifies as a public emergency which threatens the life of the nation” and may thus trigger derogation under the ICCPR23 or the ECHR. For OSCE participating States, the Moscow Document of 1991 advises states to “refrain from making derogations,” even if permitted under international law.24 19 20 21 22 23 24 Ibid., Art. 6. See: CESCR, “General Comment No. 18: The Right to Work (Art. 6 of the Covenant)”, 24 November 2005, para. 31, <https://www.refworld.org/docid/4415453b4.html>. Ibid., Arts. 13 and 14. See: CESCR, “General Comment No. 13: The Right to Education (Art. 13 of the Covenant), 8 December 1999, para. 57, <https://www.refworld.org/docid/4538838c22.html>. UN General Assembly, “Convention on the Elimination of All Forms of Discrimination Against Women” (CEDAW), 18 December 1979,< https://www.un.org/womenwatch/daw/cedaw/text/econvention.htm>; CEDAW Committee, “General Recommendation No. 30 on Women in Conflict Prevention, Conflict and Post-Conflict Situations”, 1 November 2013, CEDAW/C/GC/30 (para. 73c), <https://www.refworld.org/docid/5268d2064.html>. All OSCE participating States are parties to the convention with the exception of the United States and the Holy See. UN General Assembly, “Convention on the Rights of Persons with Disabilities” (CRPD), Articles 6 and 11, <https:// www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities.html>. UNHRC, “General Comment No. 29 on States of Emergency (Article 4)”, op. cit., note 12, para. 3. OSCE, “Document of the Moscow Meeting of the Conference on the Human Dimension of the CSCE” (Moscow Document), 3 October 1991, para 28.7, <https://www.osce.org/odihr/elections/14310>. 10