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联合国《公民权利和政治权利国际公约》、《欧洲人权公约》和《美洲人权公约》都规定,缔约国在出现社会紧急状态时,有权依照各该公约规定的条件,克减依据公约所承担的义务,中止公民在社会正常状态下所享有的某些权利,以利于国家克服危难。上述人权公约关于克减权的规定,不仅有助于消除各国批准或加入公约时的某些顾虑,而且便于缔约国在紧急时期正确地行使克减权,实现维护国家安定和保障人权的双重目标。由于人权公约关于克减权的规定在很大程度上反映了国际习惯法,对非缔约国也是有一定意义的。本文将以联合国《公民权利和政治权利国际公约》的规定为主,对人权公约缔约国的克减权问题加以初步探讨。
The United Nations International Covenant on Civil and Political Rights, the European Convention on Human Rights and the Inter-American Convention on Human Rights all stipulate that in the event of a state of social emergency, a State Party has the right to derogate from the provisions of the convention in accordance with the conditions stipulated in the conventions Obligation to suspend certain rights enjoyed by citizens in the normal state of their society so as to help the state to overcome its crisis. The provisions of the human rights conventions on derogation not only help to eliminate some of the concerns of countries when ratifying or acceding to the Convention, but also facilitate the correct implementation of the right of abrogation by the contracting parties in emergency and the dual goal of safeguarding national security and guaranteeing human rights. Since the provisions of the human rights convention on derogation to a large extent reflect customary international law, they also have some meaning to non-signatory countries. This article will be based on the United Nations “International Covenant on Civil and Political Rights,” the main provisions of the human rights conventions parties to discuss the issue of the issue of the reduction.