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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:International law and the lawfulness of derogations from human rights during states of emergency in Zambia
Author:Beyani, ChalokaISNI
Periodical:Zambia Law Journal
Issue:Special issue
Geographic term:Zambia
Subjects:international law
human rights
state of emergency
Abstract:The provisions of the Zambian Constitution on human rights fall short of Zambia's international legal obligations, with the consequence that both the degree and quality of protection of human rights during states of emergency in Zambia fails to comply with internationally accepted standards of conduct. While human rights standards in international law acknowledge the principle of derogation, they seek to limit its application according to well-defined international legal criteria. The applicable standards can be identified in summary as follows: the principle of exceptional threat, the principle of proclamation, the principle of notification, the principle of non-derogability, the principle of proportionality, the principle of non-discrimination, and the principle of consistency with international obligations. Notes, ref.