THE ABSOLUTE NATURE OF NON-DEROGABLE RIGHTS IN INTERNATIONAL HUMAN RIGHTS LAW: A STUDY OF THE ICCPR

Abstract

Although non-derogable rights under the International Covenant on Civil and Political Rights remain applicable during a public emergency threatening the life of a nation, the protection of human dignity remains an unresolved domain. Despite substantial scholarship on Article 4(2) and Article 7 of the ICCPR, human dignity has not been theorized as an operational, non-derogable legal constraint, particularly in contexts of armed conflict and counter-terrorism. This article adopts a doctrinal methodology to address this gap and argues that human dignity must be defined and its threshold articulated by international bodies. Grounding this argument in Article 2 of the Universal Declaration of Human Rights, the study contends that dignity should function as a binding normative limit even during emergencies of a public nature. By establishing such a threshold, the article seeks to strengthen the enforceability and integrity of non-derogable rights under international law. The analysis contributes to the discourse on balancing state emergency powers with the absolute protection of human dignity.