14 Resource book on the use of force and firearms in law enforcement often called upon to facilitate assemblies and protests. An assessment of the appropriateness of using force in such contexts should take into consideration the rights of those participating in such events. Right to an effective remedy As part of their human rights obligations, States must also provide for an effective remedy in case human rights have been violated.42 The right to remedy requires States to set up relevant mechanisms where people whose rights have been violated can seek and secure redress. The United Nations Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law43 provide further guidance in this regard. EXCEPTIONAL CIRCUMSTANCES Under international human rights law, it is possible for States to exceptionally derogate from certain human rights obligations as well as to impose limitations on the exercise of certain rights. Such restrictions on rights, whether in the form of limitations or derogations, can never be arbitrary or discriminatory. Limitations The ICCPR and other human rights instruments allow States to limit certain rights and freedoms, but only in conformity with the law and when necessary in a democratic society. Limitations are only permitted in pursuance of a legitimate aim, such as in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.a Any measures taken to limit the enjoyment of rights must be necessary under the circumstances and proportionate to the legitimate aim pursued and the threat encountered. Moreover, safeguards against the arbitrary or abusive application of the law and of concrete measures must be available. The rights and freedoms that can be limited include: • • • • • Liberty of movement The right to manifest one’s religion or belief Freedom of expression Freedom of peaceful assembly Freedom of association Derogations The ICCPR also provides for the possibility for States to temporarily adjust certain obligations under the treaty at times of “public emergency which threatens the life of the nation”, provided a number of conditions are met.b Measures derogating from human rights obligations are bound by the principle of proportionality as they are only permitted “to the extent strictly required by the exigencies of the situation”, they must be limited in time, and may not be discriminatory. Certain human rights, such as the rights to life and freedom from torture and other forms of ill-treatment are non-derogable in all situations, including states of emergency or armed conflict. With regard to the use of force, the BPUFF provide that exceptional circumstances, such as internal political instability or any other public emergency may not be invoked to justify any departure from the BPUFF.c a ICCPR, articles 6, 12, 18, 19, 21 and 22. ICCPR, article 4. See also article 15 of the European Convention on Human Rights, and article 27 of the American Convention on Human Rights. The African Charter on Human and Peoples’ Rights does not contain a derogation clause. However, domestic law should still accord with international obligations. b c BPUFF, principle 8. See ICCPR, article 2(3). Adopted and proclaimed by General Assembly resolution 60/147 of 16 December 2005, see for full text at: http://www.ohchr.org/EN/ProfessionalInterest/Pages/RemedyAndReparation.aspx 42  43