(c)  Permissible extent of derogations Any derogation under article 4 (1) of the Covenant may only be “to the extent strictly required by the exigencies of the situation.” Key to this requirement is the temporary nature of any derogation. The Human Rights Committee has said that the restoration of a state of normalcy where full respect for the Covenant can again be secured must be the predominant objective of a State party derogating from the Covenant. Any measure derogating from the Covenant must be necessary and proportional. Article 4 (1) specifies that any derogation of rights in times of emergency may not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin. It also provides that any derogating measures must not be inconsistent with the derogating State’s obligations under international law, which would include obligations under international human rights, international humanitarian law and international criminal law. Article 5 (1) is of relevance as well. It clarifies that nothing in the Covenant (including the article 4 ability to derogate) can be interpreted as implying any right to engage in activity aimed at the destruction of the rights and freedoms set out in it. Finally, as with limitations described above, any derogation must comply strictly with the principles of necessity and proportionality. 29

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