Derogation of the Right to Life. It's Suspension during the State of Emergency

      Аннотация: State of emergency is an abnormal misfortune that warrants derogation from and suspension of fundamental rights and freedoms. Nevertheless, not all human rights are derogable even during the state of emergency. FDRE constitution recognized declaration of state of emergence during unexpected adversity and subsequent derogation from and suspension of fundamental rights and freedoms. At the same time, it recognized the lists of non-derogable rights. Stimulatingly, unlike other major human right instruments inter-alia ICCPR, ACHR, ECHR, it is silent as far as the right to life is concerned during declaration of state of emergence. This paper, thus, examines whether the right to life is derogable or not as it stand under FDRE constitution. In doing so, some international and regional jurisprudences will also be highlighted. Finally, the paper came up with the conclusion that the right to life under FDRE constitution is not derogable.

Ключевые слова: the right to life, derogation, ICCPR, ACHR, ECHR, ACHPR, South African Bill of Rights, FDRE Constitution