Limitations related to content of measures regulating the status of human rights in emergency situations: International standards and the Constitution of the Republic of Serbia

Abstract

Special regime of the exercise of the of human rights in extraordinary circumstances is an unquestionable. The fact, however, that the decision of proclaiming state of emergency is the legal and political that partly stays without control. That is the reason why is necessary to limit the power of state's bodies in their acting after the proclamation of the state of emergency. In this sense, international standards have been established which, among other things, include requirements regarding the content of measures regulating the regime of human rights during extraordinary circumstances. Limitations related to content of these measures contribute to the sphere of individual freedom, at least minimally, be preserved, and in situations where the State does not function normally. The paper, in this sense, examines the compliance of the constitutional framework with the requirements set by the international community to regulate the regime of human rights in emergency situations, in part related to the requirements for the content of these measures.