In exceptional circumstances, defined as “emergencies”, states can limit human rights and personal freedoms, as long as restrictions are proportionate and necessary. From a comparative constitutional law perspective, several “emergency models” can be envisaged. At the same time, several international law tools provide for the possibility to derogate guarantees embodied therein in order to tackle exceptional circumstances. Since September 11, 2001, international terrorism has represented one of the biggest challenges for democratic countries and such a “global” threat still afflicts our democracies. Nevertheless, few countries have triggered their emergency provisions, as contained either in national constitution or legislation. Rather, limitations of human rights are often embodied in “ordinary” measures, so posing a high risk of “normalizing” restrictions of rights outside of a legally regulated and temporary state of emergency. How far has the “normalization” of exceptional circumstances come in times of international terrorism in democratic systems? Which is the relationship between international law provisions allowing derogation from human rights embodied in treaties and national emergency provisions? How can the international level impact on the other levels in determining exceptional measures? Are several de facto emergency provisions challenging the above-described models, which classify emergency regimes from a constitutional law perspective?

The sixth chapter applies the analytical framework for due diligence obligations to the field of human rights protection. The individual components of due diligence obligations are analyzed with regard to the specific risks and problems of human rights law. It addresses how knowledge of human rights risks can be established, how resource constraints alter human rights obligations in times of conflict and economic recession, and what reasonable measures of protection are required. Conclusions from the previous chapter are consulted in order to decide whether due diligence concepts and methods developed in other fields of international law might be fruitfully applied to the area of human rights protection. When analyzing the application of human rights due diligence obligations though, the chapter will also reveal that the implementation of such obligations is often hampered where states lack sufficient capacities to effectively regulate and control harmful non-state conduct.