LEGAL PROTECTION OF FAMILY IN STATE OF EMERGENCY

• Authors: Szuniewicz M.
• Languages of publication: PL

Abstracts

EN

This study is aimed at analysing the issue of family's legal protection in state of emergency. This problem is emerging in exceptional situations due to the fact that none of human rights treaties (apart from the American Convention of Human Rights) includes family's rights in catalogues of non-derogable ones. In the first part of this work, the author tried to introduce the mechanism of derogation of human rights obligations under the state of emergency and makes a thesis statement of non-derogable nature of family unit's rights. The second part of this study contains presentation of reasons that lie behind the thesis stated above, that is: arguments derived from implications of rigorous conditions of derogation clause (with special regards to substential tests), the principle of consistency of derogating measures with international obligations, argumentation consequent the general theory and philosophy of human rights law, implications of special protection given to children and women and examples from domestis constitutional legal systems. In the next part he faced the problem of relevance of legal obligations under international humanitarian law in the state of emergency which is not an armed conflict. Further, the author turned to the underlining the need for improving the normative regulation of rights of the family in case of proclaiming the state of emergency and covering with precisely stipuleted guarantees 'the gray zone between war and peace', that is process of elaborating 'minimum humanitarian standards' (lately called as 'fundamental standards of humanity'). Also some remarks are made upon ICRC's activities on behalf of families in the emergencies.

Keywords

EN

FAMILY PROTECTION IN EMERGENCY; HUMAN RIGHTS OBLIGATIONS' DEROGATION; MINIMUMUM HUMANITARIAN STANDARDS

Discipline

• LAW_&_ADMINISTRATION: LAW & ADMINISTRATION

• Publisher: Polska Akademia Nauk
• Journal: Studia Prawnicze
• Year: 2007
• Issue: 3(173)
• Pages: 59-96
• Document type: ARTICLE

Contributors

author

Szuniewicz M.

• M. Szuniewicz, Uniwersytet Mikolaja Kopernika w Toruniu, ul. Gagarina 11, 87-100 Torun, Poland

Identifiers

CEJSH db identifier

08PLAAAA03577276