Maria Elisabetta Venditti

Derogation clauses of human rights: Article 15 of the ECHR in relation to the state of emergency declared in France and in Turkey

  • Abstract

Informations and abstract

Keywords: ECHR; Derogation Clauses; State of Emergency; Margin of Appreciation; National Security.

According to Article 15 of the European Convention on Human Rights States are enabled to restrict some of the rights protected by the Convention in the event of exceptional circumstances and in accordance with some specific procedures. After an overview of the preconditions established for a valid derogation - taking into account the jurisprudence of the Commission and the European Court of Human Rights -, this paper will analyze the national state of emergency declared in France and in Turkey in order to assess whether the extraordinary measures adopted comply with the provisions of the ECHR.

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