The Desirability of the derogation clause in International Human Rights Law and the Africa Charter on human and peoples' rights
Mburia, Sharleen Wangechi
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Human rights are protected under international human rights law. In exceptional cases, such as a concern of the community of nations, states are allowed to temporarily suspend from some of their treaty obligations. Such exceptional circumstances, provided for in derogation provisions, are established in treaties such as the International Covenant on Civil and Political Rights, the Convention for the Protection of Human Rights and Fundamental Freedoms and the American Convention on Human Rights. The African Charter on Human and Peoples' Rights does not contain such exceptional provisions. This paper aims at analysing the lack of a derogation clause from the African Charter. Through secondary modes of data collection, which mainly includes of books, journal articles and decided cases, this paper seeks to assess the scope of the doctrine of derogation from international and regional human rights instruments. By doing so, the practicability of the derogation clause will be examined. Further undertakings of this study will be to discuss the advantages and disadvantages of including a derogation clause in the African Charter, as well as highlighting the practice of derogation in some African states.