arbitrary detention and to be treated humanely in detention. The rights of children under the CRC are also non-derogable and are generally considered to have become customary norms of international law. Certain rights contained in the ICCPR are, however, subject to inherent limits. For example, the right of freedom of expression in article 19(2) is expressed as carrying with it special duties and responsibilities and may therefore be subject to certain restrictions (which must be provided by law) but only to the extent necessary to protect the rights and reputations of others or to protect national security or public order.112 In addition, article 4 of the ICCPR, allows for the derogation of certain rights in times of public emergency. It provides: In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin.113 Any such derogation must comply with the principles of legality, proportionality and necessity and be of limited duration. There are certain rights, however, from which there can be no derogation under the ICCPR: • the right not to be arbitrarily deprived of life (Article 6);114 • freedom from torture (Article 7);115 which no derogation is possible and requesting States to ensure that measures taken in the struggle against terrorism do not discriminate in purpose or effect on grounds of race, colour, descent or national or ethnic origin. The Committee noted that the principles of non-discrimination must be observed in all areas. Concern has also been expressed over cases of harassment of persons of particular backgrounds and the use of racial profiling. See Concluding observations: Sweden. 24/04/2002. CCPR/CO/74/SWE; Concluding observations: Canada. 07/04/99.CCPR/C/79/Add.105. 112 See also Article 17 (right to respect of privacy, family, home and correspondence, and protection of honour and reputation), Article 18 (freedom of thought, conscience and religion), Article 21 (freedom of assembly), Article 22 (freedom of association). 113 Article 4(1), ICCPR. 114 See also Concluding Observations: Russian Federation CCPR/C/79 Add.54, para 27 (1995); Concluding Observations: Israel CCPR/C/79/Add.93, para 17 (1998); and Suarez de Guerrero v Colombia, Case No. 45/1979, 31 March 1982 (paras 12.2, 13.1 - 13.3). 64

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