DEROGATION AND LIMITATIONS OF HUMAN RIGHTS

Abstract

Absolute implementation of human rights is not possible in modern democratic societies and states. Enjoying certain human rights without limitations could collide with interests of a society as a whole, or with same or similar rights of others, rights that also need to be protected. This is why existence of limitations in international human rights instruments are considered to be reasonable and justified. Depending on its type and significance, there are three possible limits to human rights that should be considered. First, some human rights could be recalled (derogated). Second, there are socalled inherent (embedded) limitations for some human rights. Third, there is facultative limitation, which could be used in certain situations, but there is no obligation of its implementation. Those are connected to the existence of so-called restrictive clauses. Finally, there some human rights which cannot be limited under any circumstances. They are inviolable, considering the stand that any limitation or derogation of such rights would be contrary to the system of universal values human rights stand upon.