to be treated as such and no disadvantage shall result from this choice or from the exercise of the rights which are connected to that choice.216 Human rights within a state of emergency Article 4, ICCPR: Article 15, ECHR: 1. In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social class. 1. In time of war or other public emergency threatening the life of the nation any High Contracting Party may take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law. 2. No derogation from Articles 6, 7, 8 (paragraphs 1 ands 2), 11, 15, 16 and 18 may be made under this provision. 3. Any High Contracting Party availing itself of this right of derogation shall keep the Secretary General of the Council of Europe fully informed of the measures which it has taken and the reasons therefore. It shall also inform the Secretary General of the Council of Europe when such measures have ceased to operate and the provisions of the Convention are again being fully executed. 3. Any State Party to the present Covenant availing itself of the right of derogation shall immediately inform the other States Parties to the present Covenant through the intermediary of the Secretary General of the United Nations of the provisions from which it has derogated and of the reasons by which it was actuated. A further communication shall be made, through the same intermediary on the date on which it terminates such derogation. 2. No derogation from Article 2, except in respect of deaths resulting from lawful acts of war, or from Articles 3, 4 (paragraph 1) and 7 shall be made under this provision. Under exceptional circumstances, it may be possible to derogate from certain obligations under international human rights standards. Article 4 ICCPR and Article 15 ECHR (see box above) allow states to go beyond simply limiting rights where it is lawful to do so, to derogating from them or suspending them in times of emergency that threaten the life of the nation. In the context of countering terrorism, the circumstance under which such power can be relied upon needs to be carefully considered. Any policies that go beyond what is provided for by human rights standards need to be considered in the context of derogation and whether it is lawful to derogate under the circumstances. It is essential, therefore, to understand how and when it is permissible lawfully to derogate from international human rights standards. Derogations are a temporary measure The power to derogate in human rights treaties is a temporary measure that permits the suspension of certain rights in times of grave emergency. These rights should be suspended only in order to be able to return to a situation of normalcy as soon as possible. Once that objective has been realized, adherence to the human rights treaty should be restored in full. 216 See ibid. 1990 Copenhagen Document, para.32(6), ibid., Article 3(2) UN Declaration on Minorities, and Article 3(1) FCNM. Countering Terrorism, Protecting Human Rights 87

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