An emergency does not mean that the government is completely free to adopt any restrictions it wishes. State authorities are still bound by national and international law, meaning that all restrictions of rights must be based on law and cannot be arbitrary. All derogation must be genuinely necessary to respond to an emergency and they must be proportional. Some rights cannot be derogated from at all and always require the same standard of care in guaranteeing them regardless of whether the state faces an emergency.
28 September 1984
31 August 2001