Volume 1 issue 1 April 2013

Sovereignty and the Question of Derogation: An Analysis of Article 15 of the ECHR and the Absence of a Derogation Clause in the ACHPR 

Frederick Cowell

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Derogation clauses within human rights instruments are designed to limit the suspension of rights in times of emergency. This paper analyses the jurisprudence of the European Court of Human Rights (ECtHR) on derogation orders and the literature explaining the lack of a derogation clause in the African Charter on Human and Peoples Rights. Through this, it then develops a critical analysis on the concept of sovereignty in derogation orders, and how this affects the operation of international human rights organisations.

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