Derogation of rights

Derogation of rights refers to formally permitted temporary departures from some human rights obligations during a genuine public emergency. It differs from ordinary limitations, which apply in normal times through legality, public interest, and proportionality. International human rights instruments allow derogation only under strict conditions, with notification duties and protection of non-derogable rights such as core safeguards against arbitrary killing, torture, slavery, and retroactive criminal punishment. For Switzerland, derogation must be assessed alongside constitutional rights, emergency powers, federal structures, and international commitments.