Derogation

Derogation refers to the partial suppression or relaxation of a law, regulation, or rule. It is a legal concept that allows for the temporary or permanent exemption from certain legal obligations or standards under specific circumstances. Derogation is often used in contexts where strict adherence to a law may not be feasible or desirable due to exceptional situations.

Types of Derogation

Derogation can be classified into several types based on the context and the nature of the exemption:

• Temporary Derogation: This type of derogation is granted for a limited period, often in response to emergencies or extraordinary situations. For example, during a state of emergency, certain human rights may be temporarily suspended.
• Permanent Derogation: This type involves a lasting exemption from a law or regulation. It is less common and usually requires a more rigorous justification.
• Partial Derogation: This involves the relaxation of specific provisions of a law while keeping the rest of the law intact.
• Complete Derogation: This involves the suspension of an entire law or regulation.

Legal Framework

Derogation is governed by various legal frameworks, including national constitutions, international treaties, and statutory laws. For instance, the European Convention on Human Rights (ECHR) allows for derogation under Article 15, which permits member states to derogate from certain obligations during times of war or public emergency.

Examples of Derogation

• International Law: Under the International Covenant on Civil and Political Rights (ICCPR), states can derogate from certain rights during emergencies, provided that such measures are strictly necessary and proportionate.
• National Law: In the United Kingdom, the Human Rights Act 1998 incorporates the ECHR into domestic law and allows for derogation in specific circumstances.

Conditions for Derogation

Derogation is subject to strict conditions to prevent abuse. These conditions typically include:

• Necessity: The derogation must be necessary to address the specific situation.
• Proportionality: The measures taken must be proportionate to the threat or issue at hand.
• Non-Discrimination: Derogation measures must not discriminate on grounds such as race, gender, or religion.
• Notification: In international contexts, states are often required to notify relevant bodies, such as the United Nations, of their intention to derogate.

Criticism and Controversy

Derogation is a contentious issue, as it involves balancing the need for flexibility in law enforcement with the protection of fundamental rights. Critics argue that derogation can be misused to justify human rights violations, while proponents contend that it is essential for effective governance during crises.

Related Pages

• State of emergency
• Human rights
• European Convention on Human Rights
• International Covenant on Civil and Political Rights
• Human Rights Act 1998