What does the term "derogation" refer to in human rights?

The term "derogation" in the context of human rights refers to the temporary suspension or limitation of certain rights, usually during times of emergency or exceptional circumstances. It allows a state to prioritize security or public order over specific rights, but typically under strict conditions set by international law. For instance, human rights treaties such as the International Covenant on Civil and Political Rights (ICCPR) permit states to derogate from specific obligations when faced with a national emergency that threatens the life of the nation, provided that the derogation is not inconsistent with other obligations under international law and is officially proclaimed.

This concept is crucial because it emphasizes that while some rights can be limited under special circumstances, this limitation is not absolute and is subject to legal scrutiny and procedural safeguards. This ensures a balance between protecting individual rights and addressing urgent societal needs.