Derogation from human rights
Objective: The objective of this paper is to address in detail the cases of derogation from human rights. In this article the aim is to treat the allowances of derogation from human rights in cases of emergency, and the procedure which should be followed by the state. Method: The methodology used in this article aims to analyze international human rights law, in a comparative view with Albanian law. It is also often ass interwine ëwth the case law of the European Court of Human Rights to make this study more understandable. Results: The article presents some findings on the Albanian human rights law as well as the cases of the proclamation of extraordinary situations, preceded by possible cases of human rights derogation. Thus, the analysis of the European Convention on Human Rights allows parties to take measures to avoid the obligations of the convention in accordance with international law.
Conclusions: At the end, it was noted that Albania has a fully approximated legislation with the international human rights law. In cases where derogation from human rights can be allowed, the practice of the European Court of Human Rights has unified the stance, giving clear ideas as to when to allow for derogation from human rights and the procedure to be followed.