Editing Human rights (section)

=== Human rights in emergency situations ===
[[File:Camp x-ray detainees.jpg|thumb|Extrajudicial detention of captives in [[Guantanamo Bay detention camp|Guantanamo Bay]]]]

{{see also|Derogation|National security|Anti-terrorism legislation}}

With the exception of non-derogable human rights (international conventions class the right to life, the right to be free from slavery, the right to be free from torture and the right to be free from retroactive application of penal laws as non-derogable),<ref name=resourceII>{{cite web|title=The Resource Part II: Human Rights in Times of Emergencies|url=http://www.un.org/esa/socdev/enable/comp210.htm#10.2|publisher=United Nations|access-date=31 December 2007|archive-date=21 December 2007|archive-url=https://web.archive.org/web/20071221003911/http://www.un.org/esa/socdev/enable/comp210.htm#10.2|url-status=live}}</ref> the UN recognises that human rights can be limited or even pushed aside during times of national emergency, although it clarifies:

{{blockquote|text=the emergency must be actual, affect the whole population and the threat must be to the very existence of the nation. The declaration of emergency must also be a last resort and a temporary measure.|source=United Nations, ''The Resource''<ref name=resourceII/>}}

Rights that cannot be derogated for reasons of national security in any circumstances are known as [[Peremptory norm|peremptory norms or ''jus cogens'']]. Such International law obligations are binding on all states and cannot be modified by treaty.
<!--
removed while discussed on talk page Since the [[September 11, 2001 attacks]] on the [[World Trade Centre]] in New York a number of national laws and measures have come into force limiting some domestic human rights in the name of national security. They include and detention-without-trial,<ref>{{cite news|url=http://news.bbc.co.uk/2/hi/uk_news/politics/4523838.stm|date=13 December 2005|title=Lord Falconer defends new protest law|access-date=3 January 2008}}</ref> limits on the right to protest<ref>{{cite news|url=http://news.bbc.co.uk/2/hi/uk_news/magazine/3714864.stm|author=Winterman, Denise|date=6 October 2004|title=Belmarsh – Britain's Guantanamo Bay?|access-date=3 January 2008}}</ref> and other measures<ref>{{cite news|work=BBC News|url=http://news.bbc.co.uk/2/hi/uk_news/4144186.stm|title=Judges face human rights shake-up|date=12 August 2005|access-date=3 January 2008}}</ref> in the United Kingdom. The United States has also been accused of using [[extraordinary rendition]] in order to allow suspects to be subjected to harsh interrogation that may constitute [[torture]]<ref name=BBC_GC_2005-04-05>Gordon Corera ''[http://news.bbc.co.uk/1/hi/uk/4414491.stm Does UK turn a blind eye to torture?]'', [[BBC]] 5 April 2005 "One member of the [parliamentary foreign affairs] committee described the policy as 'effectively torture by proxy'".</ref> in third party states and has employed detention without trial at its controversial facility at [[Guantanamo Bay detention camp]] in Cuba. This has been argued to be contrary to the [[International Covenant on Civil and Political Rights]].<ref>{{cite journal| url=https://www.washingtonpost.com/wp-dyn/articles/A34519-2004Nov8.html| title=Judge Says Detainees' Trials Are Unlawful| first=Carol D.| last=Leonnig |author-link=Carol D. Leonnig| author2=John Mintz| month=9 November| year=2004| pages=Page A01| journal=The Washington Post}}</ref>-->