(Sources: UDHR art. 23; ICESCR art. 6; Refugee Convention arts. 17-19, 23, 24; ICERD art. 5, Convention on the Protection of the Rights of All Migrant Workers and Members of their Families arts. 11, 25, 55, 56.) 14. Rights and their limitations Any restrictions on rights must be provided by law and be reasonable, necessary, and proportionate. Rights may not be suspended except in a publicly declared emergency threatening the life of the nation, and only if strictly required by the situation. Any such suspension must be consistent with the State’s other international legal obligations. As a general rule, everyone’s rights must be exercised in context with the rights of others and the community at large. Thus, States may restrict the exercise of certain rights where such restrictions are in the interest of public health or necessary for the protection of the rights and freedoms of others. Any restriction imposed must be for legitimate purposes of public health and well-being, must always be provided by law and must be shown to be reasonable, necessary, and proportionate, both formally and in practice. In extreme circumstances, such as an emergency threatening the life of the nation, States may go further and suspend the exercise of certain rights altogether. Because such “derogation” measures carry risks to the rule of law and to democratic and accountable government, an emergency must be publicly declared and reflect an actual, clear, present or imminent risk, not merely the apprehension of one in the future. In addition, only those measures may be taken that are strictly required by the situation, in light of the duration, geographical scope, and impact of the emergency. They are temporary measures, and must not be inconsistent with the State’s other obligations under international law, including the principle of non-discrimination. Although certain rights may be limited or suspended, the law never is; and some rights are protected absolutely. These include the right not to be arbitrarily deprived of life, the right not to be subject or returned to situations of torture or other cruel, inhuman or degrading treatment, and the right of everyone to equality before the law and to recognition as a person before the law. (Sources: ICCPR arts. 4, 6(1), 16; ECHR art.15(1); AHCR art. 27(1); UN Human Rights Committee, CCPR General Comment No. 29.) 13

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