ضمانات حماية حقوق الإنسان في حالة الطوارئ

Abstract EN

Giving the executive body broad exceptional powers to cope with exceptional circumstances often limits the individual rights and freedoms enshrined in the Constitution and the relevant laws.

The actions and actions of that authority must therefore be subject to judicial supervision to ensure that they are properly applied to the principle of exceptional legitimacy, the rules of which vary according to the circumstances of the exceptional situation and the legal organization of that legitimacy.

Talking about a state of emergency as an exceptional regime is unacceptable unless the State is exposed to unexpected dangers or crises that threaten its existence, or there is a circumstance that calls for such a state.

Hence, the State departs from the framework of full or original legitimacy and uses incomplete or extraordinary legitimacy as a precautionary and preventive measure in order to get out of these crises and dangers and resort to legitimacy that has been overcome in this positive circumstance of emergency.

In theory, the importance of research is to outline legal safeguards for human rights in the event of an emergency, as these safeguards play an important role in preserving human dignity and freedom, given the special nature of the state of emergency imposed to protect States from unrest and prejudice their stability.

States are obliged to provide legal guarantees for human rights, in the sense that the state of emergency does not conflict with the fundamental human rights enshrined in international human rights instruments.

The research problem revolves around the following question: What is the adequacy of domestic and international legal norms in protecting human rights in case of emergency?