Part I State Obligations and Rights Protected, Ch.IV Suspension of Guarantees, Interpretation, and Application, Art.27: Suspension of Guarantees

Abstract

This chapter explores Article 27 of the American Convention on Human Rights (ACHR). Article 27 of the ACHR aims to maintain the balance between rights and freedoms of individuals and the safety of the community as a whole in allowing States to derogate from certain rights when it is necessary to face the exceptional circumstances that are threatening the life of the nation. In other words, the exceptional circumstances doctrine aims at preserving the superior interest of the State over the respect of ordinary legality. It is a “safety valve” allowing the States to suspend the exercise of certain rights when there is no other option. Accordingly, Article 27 of the ACHR establishes the rules and conditions of different nature that must be respected by the States Parties when they suspend certain rights.