V. CLASSIFICATIONS OF RIGHTS v2
V. CLASSIFICATIONS OF RIGHTS v2
V. CLASSIFICATIONS OF RIGHTS v2
CLASSIFICATIONS OF
Rights are legal, social,
or ethical principles of
freedom or entitlement.
E. According to Derogability
2. Derogable or Can-Be-Limited Rights
1. Absolute or Non-derogable Rights In human rights law, derogability is whether the right
2. Derogable or Can-Be-Limited Rights may be infringed in certain circumstances.
1. Absolute or Non- A non-derogable Example This right may be suspended or restricted or limited
derogable Rights Right to life,
right is one whose depending on the circumstances which call for the
It refers to those preservation of social life.
infringement is not freedom from
rights that cannot be
suspended nor taken justified under any torture,
It must satisfy three requirements for it to be valid:
away nor circumstances. inhuman, or
restricted/limited even in degrading a. it is provided for by law which is made known to every citizen:
extreme emergency and treatment.
even if the government b. there is a state emergency which necessitates the urgent preservation of
public good, public safety, and public moral;
invokes national security.
c. it does not exceed what is strictly necessary to achieve the purpose.