Research On The Theory And Practice Of Human Rights Derogation Under Public Health Emergencies

Human rights derogation is a middle way that the country seeks in safeguarding its own existence and protecting human rights in a social crisis.Traditional theoretical research on human rights derogation is mostly limited to the background of wars,armed conflicts,and civil unrest,but the outbreak of the new crown epidemic in 2020 shows that countries often have to adopt human rights derogation measures to survive the crisis under public health emergencies.The reality needs.Therefore,this article mainly combines the provisions of the international human rights conventions and the current practice of human rights derogation under the new crown epidemic,and conducts theoretical and practical research on human rights derogation under public health emergencies.Through theoretical research,it is concluded that the derogation of human rights is based on the need to prioritize the protection of public interests under public health emergencies,the dependence between national sovereignty and human rights,and the particularity of the way human rights are realized under public health emergencies And the need to build a community with a shared future for mankind can be justified.However,its legitimacy is conditional,and corresponding substantive and procedural conditions must be followed in practice.And through practical research,it is found that the current problems in the practice of human rights derogation under the new crown epidemic reflect that the individual rights-based human rights concept of Western countries has been difficult to guide their people through the crisis smoothly,and may even trigger serious human rights crisis.Then pointed out the importance of building a community with a shared future for mankind as the guidance of the concept of human rights and the importance of strengthening international exchanges and cooperation.So as to provide guidance for the choice of approach in the theory and practice of human rights derogation under public health emergencies in my country.