Article 15 of the European Convention on Human Rights provides for derogation from certain provisions of the Convention in times of emergency.
A party may take measures derogating from its obligations under the Convention in time of war or other public emergency threatening the life of the nation, to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law.
No derogation is permitted from Article 2 (the right to life) except in certain limited circumstances, or from Articles 3 (prohibition of torture), Article 4 § 1 (prohibition of slavery and servitude), or Article 7 (no punishment without law) of the Convention.
A party that avails of the right of derogation must keep the Secretary General of the Council of Europe fully informed of the measures which it has taken and the reasons for such measures. The Secretary General must also be informed when such measures have ceased to operate such that the provisions of the Convention are again being fully implemented.
Where a party to the Convention exercises the right of derogation, the other parties are duly informed by the Secretariat General of the Council of Europe. My Department has been informed by the Council of Europe of the exercise of the right of derogation by a number of parties to the Convention arising from measures adopted in light of the COVID-19 pandemic, and of the withdrawal of derogations by certain parties. An up-to-date list of derogations under the Convention is maintained by the Treaty Office of the Council of Europe and is available on its website.
Ireland has not availed of the right of derogation under Article 15 of the Convention in response to the COVID-19 pandemic and consequently has not been obliged to notify the Secretary General of the Council of Europe of any such derogation.
