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Volume :10 Issue : 40 1984      Add To Cart                                                                    Download

LIMITATION PROVISIONS IN THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS 1966 AND THE CONSTITUTIONS OF THE STATES OF THE GULF CO-OPERATION COUNCIL

Auther : By: Dr. Badria Al-Awadi

The present study focuses attention on the need for establishing objective international standards and criteria regarding the Limitation Clauses embodied in the International Covenant on Civil and Political Rights and the constitutions of the Gulf Co-operation Council Countries. The objective of this study is to establish a balance between the interests of individuals in exercising their fundamental rights and freedom and the protection of the public interest of the State in normal situation, as well as at the time of the proclamation of a state of emergency. The study is divided into three parts: the first part deals with the Limitation Clauses in the International Covenant on Civil and Political Rights, such as national security, public order (Order Public), public safety, public moral and rights and freedoms of others. The second part of the study deals with the Derogation Clauses in a public emergency and the criteria required when a state party takes measures for derogation. The criteria are the following:

    1. Public emergency should threaten the life of the nations;
    2. Derogation measures are strictly required by the exigencies of the situation;
    3. The definition of non-Derogable Rights.

 

The third part outlines the limitation and permissible derogation in the constitutions of the Gulf Co-operation countries. This part is divided into two sections: the first section deals with the common provisions provided in these constitutions relating to the justification of Limitation Clauses, such as Public Emergencies, Public Order and Public Moral and other complementary limitation. The second section deals with permissible derogation in the constitutions of the Gulf Co-operation countries such as the existence of a state of emergency or exceptional circumstances. A declaration of a state of emergency should be prescribed by national legislation or decrees, and the national laws governing states of emergency should provide for periodic review by elected representatives to ensure that the principle of proportionality is respected. Finally, the Annex to the study has four tables of material which is relevant to its content.

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