Limitations on Rights
Limitations Applicable to All Rights
  Derogation from Rights During Emergencies Non-Derogable Rights Limitation of Rights Under the Police Power or for National Security Rights not Exercisable so as to Infringe Upon Rights of Others Limitations on All Limitations
  South African Constitution §37 (derogation is limited, inter alia, to (a) act of Parliament "to restore peace and order" when "the life of the nation is threatened," (2) for limited duration, (3) subject to judicial review, (4) consistent with South Africa’s obligations under international law, and subject to special limitations on detention without trial) §37:  the following sections are fully or partially non-derogable: §9 (Equality), §10 (Human Dignity), §11 (Right toLife), §12 (Freedom and Security of the person), §13 (Slavery, servitude and forced labour), §28 (Rights of Children), and §35 (Arrested, detained and accused persons). See the general limitations provisions in §36. (no provisions found) §36 (permitting only limitations effected by a law of general application which are "reasonable and justifiable" in a "democratic society based on human dignity, equality and freedom," taking into account a number of enumerated factors).  See de Waal et al., at 143-60.
French 1958 Constitution When the institutions of government, the independence or territorial integrity of France are threatened, and the functioning of the public authorities is interrupted, Art. 16 gives the power to the President to take whatever measures are required by the circumstances.  No specific mention is made of derogation of rights, or non-derogable rights. (no provision) The Conseil Constitutionnel has required that police powers may infringe upon right only pursuant to a prior law that defines the power with sufficient specificity. See Bell, at 141. See Limitations on all Limitations, at right. 1798 Declaration Art. 4:  the only limits on the exercise of rights that are permissible are those determined by law and necessary to prevent infringement upon rights of others.
Canadian Charter of Rights and Freedoms §33 permits derogation even in non-emergency situations, by express declaration and only for a period of up to five years. §33(1) permits derogation only from §§2, 7-15. Thus the following rights are non-derogable: §§3-5 (political participation), §6 (freedom of movement), §§16-23 (language rights), and §24 (access to courts). (no provision) (no provision) § 1 (rights are subject only to "reasonable limits prescribed by law as can be demonstrably justified in a free and democractic society")
Constitution of Argentina Art. 23 (in the event of internal disorder or foreign attack that endangers the exercise of the Constitution).  See also Art. 29 (prohibiting the grant by Congress of extraordinary powers to the National Executive, etc.), Art. 99(16) (defining the emergency powers of the President). In an unfortunate omission, there is no enumeration of non-derogable rights, though Art. 23 does specify that the President may not convict or punish on his own authority.  See also Art. 43, ¶4 (right to a habeus corpus hearing is nonderogable). See Derogation from Rights During Emergencies, at left. (no provision) (no provision)
United States Constitution There are no general provisions for abrogation of rights under states of emergency. But see Art. I, §9 Suspension Clause as to habeus corpus ("habeus corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it"). No general provisions. The 10th Amend. Reserve Clause conveys the general sovereign policy power to the States. (no provision) (no provision)
Constitution of India Arts. 358 (suspension of Art. 19 ), and Art. 359 (suspension of judicial remedies for violations).  See also Art. 34 on "martial law"; Tope at 300-02. Art. 359  lists Arts. 20 (criminal convictions) and 21 (right to life and liberty) as nonderogable Several provisions establishing rights contain such restrictions, for example Art. 19(2)-(6). There is no explicit provision. As a matter of judicial doctrine, restrictions on fundamental rights must be "reasonable."  For analysis of this doctrine, see Tope, at 112-17.
Würzburg Key System (Key has not yet been developed) See Key 6715 (indexing provisions on non-derogable rights, and on limitations on limitations) See Key 67 (general restrictions on rights) See Key 67 (general restrictions on rights) See Key 6715 (indexing provisions on non-derogable rights, and on limitations on limitations)
International Instruments
  Universal Declaration of Human Rights (no provision) (no provision) Art. 29(2). See also Art. 29(3) (rights cannot be exercised contrary to the purposes and principles of the UN). Art. 30 Art. 29(2) (the only permissible limitations are those "determined by law solely for the purpose of" protecting the rights of others, or upholding "morality, public order, and the general welfare in a democratic society.")
Int’l Covenant on Civil and Political Rights ICCPR Art. 4(1) (in the event of a "public emergency which threatens the life of the nation," derogation of rights is permissible, to the extent strictly required and in accordance with other int'l legal obligations) ICCPR Art. 4(1) (obligations under int’l law, discrimination) and Art. 4(2) (limits on death penalty, torture, slavery, ex post facto criminal laws, prison for contractual delict).  See also Art. 5(2) (no derogation of any other fundamental human rights recognized in other instruments or in domestic law). This sort of limitation is provided in a number of Articles, as noted in the relevant Chart entries. ICCPR Art. 5(1) See Non-Derogable Rights, at left.   Unlike the Universal Declaration, there is no general limitation clause on the extent to which rights may be abridged.  Instead, a number of Articles contain limitations clauses applying only to that Article.

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