| Derogation of human rights is an important system of international human rights law, there are many human rights in all aspects of the terms of the derogation in many global and regional human rights treaties. When a state of emergency in the country and threaten its very existence, its government on the one hand takes the necessary measures to end the necessity to restore social order and sound operation, the other protect its citizens as much as possible the fundamental human rights from infringement In this process, the government is bound to sacrifice the rights of individuals in order to safeguard national interests. Therefore, it is inevitable conflict between the two. The Solution of this conflict, it is the role of human rights where the derogation clause, .therefore, the provisions on derogation of human rights will help us understand under what circumstances the State can derogation of human rights treaties? What are the rights of the content is non-derogable? How to improve the existing derogation of human rights in terms of protection of human rights in order to adapt to the realities of today's needs? Asking and answering these questions, it is the important to solve the conflict. However, we can see that there are still many deficiencies in human rights treaties on human rights and derogation provisions suchas in a state of emergency defines the scope of non-derogable rights, and the terms of the lack of implementation in specific operational,the treaty Institutions of the State party to invoke the provisions of this lack of supervision and evaluation .Meanwhile, new situations and new problems in the protection of human rights also require inject new meaning to derogation from the provisions of existing human rights. In summary, this article come from the existing human rights treaties and practice on human rights derogations derogations .On the one hand proceed problems that the practical application of existing legal requirements, on the other hand put forward appropriate measures. Let derogable provisions of human rights paly fully role in the protection of human rights. Specific ally include the following four parts:The first part, the author systematically discusses human rights treaties of the global and regional and explanations of the derogation provisions of the contents of the relevant human rights treaty bodies, and describe the implementation of the derogation clauses and provisions for derogation in the real world .The second, direct to the first part of the contents of derogation from human rights provisions and elaborate some out standing problems reflected the actual implementation process , analyze its causes, reveal the necessity and urgency of the complete derogation provisions of human rights.The third, the core of the paper, mainly proposed recommendations for improvement in thesecond part of the problems and challenges. First of all is the premise of the application of this provision - threatening the safety of a country about the state of emergency, the definition of a state of emergency, especially definite from the field of international human rights law ,at the same time combine with the reality of today's demand for protection of human rights . Second, clear exercise of the special circumstances of the right to determine the scope of non-derogable rights in improve the non-derogable rights, improve gradually the existing farmwork.of protection of the rights .Third, improve the terms of the process involved in the specific application of the requirements in respect of rights and obligations of States parties to perfect the protection of its application process legal and reasonable and improve the operation of derogation clauses. Fourth, the treaty bodies should strengthen and improve the derogation of the provisions of States Parties for the entire process of monitoring and evaluation.The fourth: combine with practice of China the sudden public the actual legislation, and the third part of the paper, tentatively put forward legislative proposals. |
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