ABSTRACT
Where a state finds it impossible or undesirable to comply with specific Articles, it is possible for the state to derogate, or enter a reservation as to the matter. No derogation is permitted in relation to Article 2 (the right to life), other than in war situations. Derogation is not allowed in respect of Articles 3 (freedom from torture), 4(1) (slavery or servitude), and 7 (freedom from retrospective criminal liability).30 The right of derogation is limited. Article 15 provides that:
A challenge can be made to the lawfulness of derogation. Following the United Kingdom’s derogation after the decision in Brogan v United Kingdom (1988), a challenge was lodged, but failed when it was held that the situation in Northern Ireland did amount to a public emergency31 and was thus within the terms of Article 15.
