International legal aspects of ensuring respect and protection of the right to privacy during a state of emergency

https://www.doi.org/10.32523/2791-0954-2024-11-3-61-72

Abstract

Despite the fact that the formal procedure for derogation from human rights obligations during a state of emergency is regulated by the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and other documents, nevertheless, in the event of emergencies and, if necessary, restrictions on human rights, there are gaps in the practical implementation of the derogation procedure.

The right to derogation within the meaning of the above-mentioned documents assumes that restrictions on human rights will be forced and natural, along with their protection. In particular, the Universal Declaration of Human Rights of 1948, in article 29, states that "... in the exercise of their rights and freedoms, everyone should be subject only to such restrictions as are established by law solely for the purpose of ensuring due recognition and respect for the rights and freedoms of others and meeting the just requirements of morality, public order and general welfare in a democratic society". However, states often abuse this right, which leads to the violation of fundamental human rights.

This article examines the legal basis for ensuring the right to privacy during a state of emergency.