Turkey and the European Human Rights Regime: Is it right to derogate?
By Marina Kumskova, an MA student in Human Rights
Several human rights treaties allow for states to derogate from their obligations to protect certain rights. These adjustments can only take place temporarily, however, and in exceptional circumstances - i.e. in times of public emergency threatening the life of a nation. Yet, despite the professedly innocuous intent of such systems, states of emergency have a dark history of being used in controversial ways to usher in tyrannical regimes, under the facade of confronting a threat to the existence of the nation.
Take the example of France. The perceived threat to the life of the nation from terrorist attacks, caused by people only loosely connected by an ideology, is seemingly tremendous. However, France has proven that the introduction of emergency powers, which allow for the derogation of rights, also ushers in a temptation for misuse. France’s state of emergency last December was less than a month old when its emergency powers were used, not in...









