Univerisity of Qom Comparative Studies on Islamic and Western Law 2476-4213 10 1 2023 05 22 Derogation of Human Rights in Emergency Situations; A Comparative Study of the Constitution of the Islamic Republic of Iran and the International Covenant on Civil and Political Rights Derogation of Human Rights in Emergency Situations; A Comparative Study of the Constitution of the Islamic Republic of Iran and the International Covenant on Civil and Political Rights 237 264 2258 10.22091/csiw.2022.6987.2093 FA ِDawood Mohebbi Assistant Professor, Department of Public Law, Faculty of Law, University of Qom. Seyed Ali Asghar Rahimi Assistant Professor, Department of Private Law, Faculty of Law, University of Qom. Parvin Zarei PhD Student in Public Law, Faculty of Law, University of Qom. Journal Article 2021 06 12 Human Rights treaties which contain derogation clause, albeit allowing the derogation of some rights and freedoms in states of emergency, have provided some principles that must be observed by the States Parties for the derogation clause to be applicable. The purpose behind the prevision is the prevention from abuse of derogation right and gross violation of human rights by States under pretext of the existence of emergency situations. These principles can be divided into two general categories: substantive and procedural. The substantive principles are: the principle of exceptional threat, the principle of proportionality, the principle of observation of other international obligations, the principle of non-discrimination, the principle of good faith and the principle of non-derogable rights. The procedural principles are: the principle of proclamation and the principle of notification. Strict implementation of these principles requires their entry into domestic systems, especially in the constitutions of countries. Article 79 of the Constitution of the Islamic Republic of Iran also deals with the application of necessary restrictions in times of war and similar emergencies. In the study, the issue of the status of emergency situations in the Constitution of the Islamic Republic of Iran and its compliance with the provisions of the International Covenant on Civil and Political Rights (ICCPR) relating to the suspension of human rights in emergency situations has been examined comparatively. Findings indicate that Article 79 of the Iranian Constitution is slightly in line with Article 4 of the ICCPR and could be amended in a possible future revision. Human Rights treaties which contain derogation clause, albeit allowing the derogation of some rights and freedoms in states of emergency, have provided some principles that must be observed by the States Parties for the derogation clause to be applicable. The purpose behind the prevision is the prevention from abuse of derogation right and gross violation of human rights by States under pretext of the existence of emergency situations. These principles can be divided into two general categories: substantive and procedural. The substantive principles are: the principle of exceptional threat, the principle of proportionality, the principle of observation of other international obligations, the principle of non-discrimination, the principle of good faith and the principle of non-derogable rights. The procedural principles are: the principle of proclamation and the principle of notification. Strict implementation of these principles requires their entry into domestic systems, especially in the constitutions of countries. Article 79 of the Constitution of the Islamic Republic of Iran also deals with the application of necessary restrictions in times of war and similar emergencies. In the study, the issue of the status of emergency situations in the Constitution of the Islamic Republic of Iran and its compliance with the provisions of the International Covenant on Civil and Political Rights (ICCPR) relating to the suspension of human rights in emergency situations has been examined comparatively. Findings indicate that Article 79 of the Iranian Constitution is slightly in line with Article 4 of the ICCPR and could be amended in a possible future revision. https://csiw.qom.ac.ir/article_2258_bed026b0bfd7a0df117e93fa3a0c5d6b.pdf