Work

Derogation of Human Rights under the Covenant and their Suspension during Emergency and Civil Martial Law, in India and Pakistan

Year: 2024

Type: article

Abstract: This article focuses on the derogation of human rights provisions under the International Covenant on Civil and Political Rights (ICCPR) in states of emergency and civil martial law in India and Pakistan. The author tries to analyze how both countries justify the suspension of some human rights in a national security crisis while preserving the fundamental principles of human dignity. The article discusses those non-derivable rights, such as the right to life, protection from torture, and freedom from slavery, which cannot be suspended, even in emergency conditions. The article criticizes the freedoms limited by military and executive powers through a comparative analysis of counter-terrorism laws and the reliance on emergency measures. The article ends by recommending ways for these actions to come into compliance with international human rights standards and protection of individual freedom.

Source: Global Regional Review

DOI: 10.31703/grr.2024(ix-iii).22

Authors: Maryam Shahid, Mehnaz Begum, Iftikhar Ahmad Khan

Institutions: International Islamic University, Islamabad, Islamia College University, University of Peshawar

Language: English

Topic: International Law and Human Rights

Subfield: Political Science and International Relations

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: diamond

OpenAlex ID: W4409567499

FWCI: 3.349

Cites:

Cited by: 2

Related to: 10