Summary

It is inevitable that countries are occasionally hit by times of crisis that make the regular restrictions for ensuring public safety, health and order seem insufficient due to exceptional circumstances. For instance, as of September 2017, Ukraine, France and Turkey have decided to exercise the right to derogate from their obligations, established in Article 15 of the European Convention for the Protection of Human Rights and Fundamental Freedoms in the case of armed conflicts, widespread terrorist attacks and coup attempts. In other words, the parties to the Convention have used their right to stop performing their commitments under the Convention at a time of war or other public emergency threatening the life of the nation. According to Article 15, such measures have to be strictly required by the exigencies of the situation and may not be inconsistent with its other obligations under international law. However, there are certain Articles of the Convention that shall not be derogated from even in the most severe crisis situations. Upon availing itself of this right of derogation, the party shall immediately notify the Secretary General of the Council of Europe.

To a certain extent, the control body of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the European Court of Human Rights, may evaluate the actions of the party both in determining the severity of the situation leading to the derogation and in the choice of special measures taken. This article views the principal and formal conditions for applying Article 15 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.