State of emergency
Declaration by a government allowing assumption of extraordinary power
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Key Takeaways
- A state of emergency is a situation in which a government is empowered to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens.
- Relationship with international law Under international law, rights and freedoms may be suspended during a state of emergency, depending on the severity of the emergency and a government's policies.
- In some situations, martial law is also declared, allowing the military greater authority to act.
- "Question of Human Rights and State of Emergency", E/CN.
A state of emergency is a situation in which a government is empowered to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state before, during, or after a natural disaster, civil unrest, armed conflict, medical pandemic or epidemic or other biosecurity risk.
Relationship with international law
Under international law, rights and freedoms may be suspended during a state of emergency, depending on the severity of the emergency and a government's policies.
Use and viewpoints
Democracies use states of emergency to manage a range of situations from extreme weather events to public order situations. Dictatorial regimes often declare a state of emergency that is prolonged indefinitely for the life of the regime, or for extended periods of time so that derogations can be used to override human rights of their citizens usually protected by the International Covenant on Civil and Political Rights (ICCPR). In some situations, martial law is also declared, allowing the military greater authority to act. In other situations, emergency is not declared and de facto measures taken or decree-law adopted by the government. Nicole Questiaux (France) and Leandro Despouy (Argentina), two consecutive United Nations Special Rapporteurs, have recommended to the international community to adopt the following "principles" to be observed during a state or de facto situation of emergency: Principles of Legality, Proclamation, Notification, Time Limitation, Exceptional Threat, Proportionality, Non-Discrimination, Compatibility, Concordance and Complementarity of the Various Norms of International Law (cf. "Question of Human Rights and State of Emergency", E/CN.4/Sub.2/1997/19, at Chapter II; see also état d'exception).
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