Derogations to Human Rights during a Global Pandemic: Unpacking Normative and Practical Challenges

Abstract

The derogation regime under international human rights law allows states to take measures that would otherwise be inconsistent with their human rights obligations in times of emergency of an extraordinary nature. Accordingly, several States have resorted to this prerogative to respond to the COVID-19 outbreak. In an effort to navigate the uncharted waters a global pandemic of this level of severity creates, States have taken emergency measures that have effectively altered life as we know it. These emergency measures have also highlighted the pre-existing and emerging normative gaps and practical challenges in international human rights law with regard to derogations. This article aims to identify and critically engage with these gaps and challenges