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).
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