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Emergency and Escape: Explaining Derogations from Human Rights Treaties

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  • Hafner-Burton, Emilie M.
  • Helfer, Laurence R.
  • Fariss, Christopher J.

Abstract

Several prominent human rights treaties seek to minimize violations during emergencies by authorizing states to “derogate”—that is, to suspend certain civil and political liberties—in response to crises. The drafters of these treaties envisioned that international restrictions on derogations, together with international notification and monitoring mechanisms, would limit rights suspensions during emergencies. This article analyzes the behavior of derogating countries using new global data sets of derogations and states of emergency from 1976 to 2007. We argue that derogations are a rational response to domestic political uncertainty. They enable governments facing serious threats to buy time and legal breathing space from voters, courts, and interest groups to confront crises while signaling to these audiences that rights deviations are temporary and lawful. Our findings have implications for studies of treaty design and flexibility mechanisms, and compliance with international human rights agreements.

Suggested Citation

  • Hafner-Burton, Emilie M. & Helfer, Laurence R. & Fariss, Christopher J., 2011. "Emergency and Escape: Explaining Derogations from Human Rights Treaties," International Organization, Cambridge University Press, vol. 65(4), pages 673-707, October.
    • Handle: RePEc:cup:intorg:v:65:y:2011:i:04:p:673-707_00
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    Cited by:

    1. Edgell, Amanda B. & Lachapelle, Jean & Lührmann, Anna & Maerz, Seraphine F., 2021. "Pandemic backsliding: Violations of democratic standards during Covid-19," Social Science & Medicine, Elsevier, vol. 285(C).
    2. Christian Bjørnskov & Stefan Voigt, 2022. "This time is different?—on the use of emergency measures during the corona pandemic," European Journal of Law and Economics, Springer, vol. 54(1), pages 63-81, August.
    3. Eric Neumayer, 2013. "Do governments mean business when they derogate? Human rights violations during notified states of emergency," The Review of International Organizations, Springer, vol. 8(1), pages 1-31, March.
    4. Christian Bjørnskov & Stefan Voigt, 2022. "Terrorism and emergency constitutions in the Muslim world," Journal of Peace Research, Peace Research Institute Oslo, vol. 59(3), pages 305-318, May.
    5. Christian Bjørnskov & Stefan Voigt, 2022. "Emergencies: on the misuse of government powers," Public Choice, Springer, vol. 190(1), pages 1-32, January.
    6. Katarzyna Metelska-Szaniawska & Jacek Lewkowicz, 2021. "Post-socialist “illiberal democracies”: do de jure constitutional rights matter?," Constitutional Political Economy, Springer, vol. 32(2), pages 233-265, June.
    7. Bryan Rooney, 2019. "Emergency Powers in Democracies and International Conflict," Journal of Conflict Resolution, Peace Science Society (International), vol. 63(3), pages 644-671, March.
    8. Christian Bjørnskov & Stefan Voigt & Mahdi Khesali, 2022. "Unconstitutional States of Emergency," The Journal of Legal Studies, University of Chicago Press, vol. 51(2), pages 455-481.
    9. Jacek LEWKOWICZ & Katarzyna METELSKA-SZANIAWSKA, 2021. "De Jure and De Facto Institutions: Implications for Law and for Economics," Ekonomista, Polskie Towarzystwo Ekonomiczne, issue 6, pages 758-776.
    10. Catherine Z. Worsnop, 2017. "Domestic politics and the WHO’s International Health Regulations: Explaining the use of trade and travel barriers during disease outbreaks," The Review of International Organizations, Springer, vol. 12(3), pages 365-395, September.
    11. Bjørnskov, Christian & Voigt, Stefan, 2018. "Why do governments call a state of emergency? On the determinants of using emergency constitutions," European Journal of Political Economy, Elsevier, vol. 54(C), pages 110-123.
    12. Ben-Bassat Avi & Dahan Momi, 2016. "Constitutional Commitment to Social Security and Welfare Policy," Review of Law & Economics, De Gruyter, vol. 12(1), pages 165-201, March.
    13. Bjørnskov, Christian & Mchangama, Jacob, 2023. "Freedom of Expression and Social Conflict," Working Paper Series 1473, Research Institute of Industrial Economics.

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