The Use of Emergency Powers by States and Their Effects on Non-Derogable Human Rights: With Special Reference to Pakistan

Abstract

Emergency powers are an option that is familiar in the application of the states in dealing with emergencies such as war, terrorism, natural and civil disasters. However, in situations of crisis, the increase in executive powers have frequently resulted in the deterioration of the law and the deterioration of civil rights. Research questions of this research are: To analyze the legal considerations and global regulations on the use of emergency powers and protection of non-derogable human rights. To study the application of the emergency powers in Pakistan, the conditions, area, and period of such declarations. To determine the role that emergency powers play in affecting the non-derogable human rights in Pakistan with special emphasis on rights like the right to life, freedom of torture and due process. To assess how successful institutional checks and balances are in Pakistan in ensuring that emergency powers are not abused or that non-derogative human rights are not violated. The study design used in the research is qualitative research design since I want to determine the manner in which the states invoke emergency powers and its effects on non-derogable human rights in Pakistan. The information is collected through an evaluation of documents, i.e., the primary and secondary sources are systematically analyzed, i.e., the Constitution of Pakistan, legislative means, and international treaties. Triangulation is also being done with secondary sources like scholarly articles and reports of the human rights movement. This method is suitable in the explanation of the law and documented impacts of human rights. It was thematic analysis research to identify themes and patterns that were repeated in the data collected. These themes are the statutory power of emergencies, the scope and duration, justification and impacts of the emergency on non-derogable rights, that is, life, the ban of torture, and the due process. The qualitative nature of the research under the study perhaps could be an impediment to generalization since the findings are not universal as they are specific to the situation in Pakistan.