What must a state do to derogate from certain rights under the European Convention on Human Rights?

To derogate from certain rights under the European Convention on Human Rights, a state must declare a public emergency. This mechanism allows a state to temporarily limit its obligations under the Convention in response to a serious threat, such as war, natural disaster, or other public crises that threaten the life of the nation.

The declaration of a public emergency serves as a critical prerequisite because it ensures that the state is facing an extraordinary situation that justifies deviating from its human rights commitments. The Convention also requires that any measures taken during such an emergency must be strictly necessary and proportional to the exigencies of the situation. This ensures that states cannot simply disregard human rights obligations at will, but rather must be held to account for their actions even in times of crisis. This limited scope for derogation reflects a balance between the need for states to respond to emergencies and the protection of fundamental rights.