ABSTRACT

Derogations and reservations are justifiable to the extent to which they are limited and those very limitations place a justification on the state. We will see that this takes us to the very concern with the democratic order and the threats that confront it. We cannot conflate this point with the right to limit or suspend the operation of rights. This issue must largely be dealt with through a study of substantive rights. Our concern here is with the precise operation of integrity rights; and, as far as derogations and reservations are concerns, the power of the state to limit the scope of its human rights obligations.