Article 15 of European Convention on Human Rights
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Article 15 of the European Convention on Human Rights (ECHR) is a provision that allows for the suspension of certain Convention rights in times of emergency. It is a safeguard mechanism that permits member states to take exceptional measures during public emergencies that threaten the life of the nation.
Article 15 – Derogation in Time of Emergency
In time of war or other public emergency threatening the life of the nation any High Contracting Party may take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law.
No derogation from Article 2, except in respect of deaths resulting from lawful acts of war, or from Articles 3, 4 (paragraph 1) and 7 shall be made under this provision.
Any High Contracting Party availing itself of this right of derogation shall keep the Secretary-General of the Council of Europe fully informed of the measures which it has taken and the reasons therefor. It shall also inform the Secretary-General of the Council of Europe when such measures have ceased to operate and the provisions of the Convention are again being fully executed.
Derogation in times of emergency: Article 15 allows member states to temporarily derogate (i.e. deviate) from their obligations under the Convention during times of war or other public emergencies that threaten the life of the nation. This derogation permits the state to take exceptional measures that may involve restricting certain human rights protected by the Convention.
Strict necessity: Any derogation measures taken under Article 15 must be strictly required by the exigencies of the situation. This means that the measures should be proportional and limited to what is necessary to address the emergency. They should not go beyond what is required to restore normalcy.
Non-derogable rights: Article 15 sets limits on the rights that can be subject to derogation. Specifically, derogation is not allowed from Article 2 (the right to life) except in respect of deaths resulting from lawful acts of war, and it is not permitted from Article 3 (prohibition of torture and inhuman or degrading treatment), Article 4 (prohibition of slavery and forced labor), and Article 7 (no punishment without law).
Obligation to inform: Member states that derogate from their Convention obligations under Article 15 must promptly inform the Secretary-General of the Council of Europe about the measures taken and the reasons for doing so. They must also inform when the measures have ceased to operate and normal Convention obligations have been reinstated.
Temporary nature: Article 15 envisions derogation as a temporary and exceptional measure. Once the public emergency has subsided, member states are expected to resume full compliance with their Convention obligations.
Article 15 is designed to balance the need for safeguarding public order and national security during emergencies with the protection of fundamental human rights. It recognises that in certain extraordinary circumstances, states may need to take measures that temporarily limit human rights, but it imposes strict conditions and limitations to ensure that such derogations are not abused and that the rights and freedoms protected by the Convention are restored as soon as possible. The European Court of Human Rights plays a significant role in interpreting and applying Article 15.
Article 15 – Derogation in Time of Emergency
In time of war or other public emergency threatening the life of the nation any High Contracting Party may take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law.
No derogation from Article 2, except in respect of deaths resulting from lawful acts of war, or from Articles 3, 4 (paragraph 1) and 7 shall be made under this provision.
Any High Contracting Party availing itself of this right of derogation shall keep the Secretary-General of the Council of Europe fully informed of the measures which it has taken and the reasons therefor. It shall also inform the Secretary-General of the Council of Europe when such measures have ceased to operate and the provisions of the Convention are again being fully executed.
Derogation in times of emergency: Article 15 allows member states to temporarily derogate (i.e. deviate) from their obligations under the Convention during times of war or other public emergencies that threaten the life of the nation. This derogation permits the state to take exceptional measures that may involve restricting certain human rights protected by the Convention.
Strict necessity: Any derogation measures taken under Article 15 must be strictly required by the exigencies of the situation. This means that the measures should be proportional and limited to what is necessary to address the emergency. They should not go beyond what is required to restore normalcy.
Non-derogable rights: Article 15 sets limits on the rights that can be subject to derogation. Specifically, derogation is not allowed from Article 2 (the right to life) except in respect of deaths resulting from lawful acts of war, and it is not permitted from Article 3 (prohibition of torture and inhuman or degrading treatment), Article 4 (prohibition of slavery and forced labor), and Article 7 (no punishment without law).
Obligation to inform: Member states that derogate from their Convention obligations under Article 15 must promptly inform the Secretary-General of the Council of Europe about the measures taken and the reasons for doing so. They must also inform when the measures have ceased to operate and normal Convention obligations have been reinstated.
Temporary nature: Article 15 envisions derogation as a temporary and exceptional measure. Once the public emergency has subsided, member states are expected to resume full compliance with their Convention obligations.
Article 15 is designed to balance the need for safeguarding public order and national security during emergencies with the protection of fundamental human rights. It recognises that in certain extraordinary circumstances, states may need to take measures that temporarily limit human rights, but it imposes strict conditions and limitations to ensure that such derogations are not abused and that the rights and freedoms protected by the Convention are restored as soon as possible. The European Court of Human Rights plays a significant role in interpreting and applying Article 15.
