What is an example of derogation in human rights law?

Prepare for the International Human Rights Exam. Review with flashcards, multiple choice questions, and hints. Ace your test with our comprehensive guide!

The correct answer highlights an important aspect of human rights law known as derogation, which refers to the temporary suspension or limitation of certain rights under specific circumstances, particularly during emergencies. In the context of human rights, certain treaties, such as the International Covenant on Civil and Political Rights (ICCPR), allow states to limit or derogate from specific rights when the security of the state or public safety is at risk. This ensures that the state can take necessary actions during extraordinary situations while still being held accountable to human rights standards.

Limiting rights for public safety is a clear example of this principle at work, as it underscores the balance that must be struck between individual rights and the welfare of the larger community. In such cases, the state is expected to adhere to the principle of proportionality, ensuring that any limitations are necessary, lawful, and not arbitrary.

The other options do not accurately fit the definition of derogation. Suspending laws during an election, reducing military spending, and enforcing stricter immigration policies do not inherently involve the suspension of rights due to emergencies or public safety concerns in the same way that limiting rights does. Thus, A serves as the best example of derogation under human rights law.

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