Abstract

This article examines State practice on derogations from human rights protection during states of emergency under Article 15 of the European Convention on Human Rights. The article presents statistical data on the use of derogations, offers analysis of the data and practice and advances a series of reform proposals. It is argued that Article 15 is being misused by States to derogate for protracted periods of time for entrenched emergencies and that emergency measures are remaining in place after declared emergencies have ended. Equally, States are not derogating in circumstances where they should for military operations, particularly extra-territorial military operations. It is argued that the European Court of Human Rights has been deferential in enforcing Article 15 and that reform is needed to address the problems identified. Reforms should include review procedures for emergency measures, enhanced procedures for notifying derogations and an amendment to facilitate extra-territorial derogations.

中文翻译：

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《欧洲人权公约》的贬损：改革的理由

摘要

本文探讨了根据《欧洲人权公约》第15条在紧急状态下克减人权的国家实践。本文介绍了有关减损使用的统计数据，提供了对数据和实践的分析，并提出了一系列改革建议。据认为，第十五条被各国滥用，以在很长一段时间内减少根深蒂固的紧急情况，在宣布的紧急情况结束后仍采取紧急措施。同样，各国在应进行军事行动，特别是域外军事行动的情况下也没有克减。据认为，欧洲人权法院在执行第15条方面有所作为，需要进行改革以解决所发现的问题。