Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-lj6df Total loading time: 0 Render date: 2024-11-06T06:14:44.707Z Has data issue: false hasContentIssue false

13 - Preserving Article 8 in Times of Crisis

Constraining Derogations from the European Convention on Human Rights

from III - Internal Security

Published online by Cambridge University Press:  05 December 2019

Francesca Bignami
Affiliation:
George Washington University, Washington DC
Get access

Summary

The European Convention on Human Rights (ECHR) has been enormously influential among international instruments in defining and defending individual rights around the world. Article 8, in particular, is the most widely recognized source of legal authority for privacy as a claim of fundamental rights.1 However, even under ideal conditions these values are maintained only with “eternal vigilance,” as the truism states. Especially in times of emergency, states are under pressure to constrict rights enshrined in international instruments and domestic law. One attempt to sustain rights through times of crisis is Article 15 of the ECHR, which permits some derogation of human rights as an extraordinary measure. The Convention provides for derogation only where the very “life of the nation” is under threat, the response strictly limited, and as consistent with other obligations under international law. In this way, the European Convention allows for limited state deviation from established international norms; by providing for the conditional and supervised derogation from their obligations under the Convention,2 Article 15 recognizes state needs while incentivizing states not to abandon the commitment to defend rights. In total, nine states have relied on Article 15 since the Convention was established – Ukraine, Albania, Armenia, France, Georgia, Greece, Ireland, Turkey, and the United Kingdom.3 France and Turkey most recently called states of emergency.4

Type
Chapter
Information
EU Law in Populist Times
Crises and Prospects
, pp. 342 - 374
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×