A Comparative Analysis of the Regional Human Rights Systems on the Derogation of Treaty Obligation in Times of Coronavirus Crises

Authors: Abebe BK*

DOI: 10.23880/ijfsc-16000244

Volume 6, Issue 4

Abstract

Derogation of treaty obligation is one of the critical moments, which opens the door to possible abuses of human rights in times of crises like coronavirus. Under this paper, the writer by using the comparative methodology as an instrument of critique evaluates and scrutinizes the roles and reponses of major regional human rights systems to protect and promote human rights in times of coronavirus crises. Besides, the paper addresses the normative frameworks to the question of how the regional human rights systems allow the suspension of treaty obligations in times of crises like the pandemic coronavirus. Accordingly, the paper marks an attempt at a regime level of comparative analysis. However, among the regional systems, the African Charter on Human and Peoples’ rights doesn’t have a derogation clause. Therefore, the paper tries to draw inspiration from other regional human rights systems and construct a derogation clause under the African Charter. Accordingly, special emphasis is given to the African human rights system. In terms of scope, the paper is limited to the legislative framework and the institutional responses of the three regional human rights systems. To put it differently, the paper-based on qualitative comparative approach-evaluates the derogations of human rights treaty obligations in times of coronavirus crises under the regional human rights systems and highlights how the institutional organs have sprung into action.

Keywords: Coronavirus Crises; Derogations; State of Emergency; Regional Human Rights System; Human Rights

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