LA CONVENTION EUROPÉENNE DES DROITS DE L’HOMME ET LES DROITS INTANGIBLES EN CONTEXTE DE CONFLIT ARMÉ
THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND INVALID RIGHTS IN THE CONTEXT OF ARMED CONFLICT

Summary/Abstract: This contribution examines the notion of non-derogable rights within the framework of the European Convention on Human Rights, understood as rights excluded from any derogation mechanism, including in situations of war or a state of emergency. Based on Article 15 § 2 of the Convention, the study analyses the case-law construction of the non-derogable core, notably comprising the right to life, the prohibition of torture, slavery, and the principle of legality in criminal law. It highlights the strict interpretation adopted by the European Court of Human Rights, grounded in the centrality of human dignity and the development of substantial and procedural positive obligations.

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