Abstract

This paper will address the Provision of Derogation of Basic Human Rights in the UN International Covenant on Civil and Political Rights, Article IV, discussed in accordance with the following arguments: the remarks of Article IV (I), the provisions, meaning and interpretation of Article IV(II), the historical background of the provisions of Article IV (III), the premis of derogation measures: the threat of national survival in time of public emergency exists; emergency situation announced, the restrictions allowing derogation measures: the scope and exceptions: non-derogable rights; the principle of proportionality; meeting other obligations under international law; the prohibition of discrimination; notificating obligations: the Committee's authorities and practice: reviewing the government report and the personal communications, the reservations of the Article IV, and the relations with Japanese emergency law regime, on behalf of the Conclusion.

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