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However, Martha Spurrier, the director of Liberty, argued that the majority of rights claims against the military were not vexatious, and were connected to protections which could not be derogated, such as prohibition of torture.
I think it was a misusage: if the former first lady becomes the most powerful force in the Senate, then the elected leader of the Senate Democrats, Tom Daschle, would be derogated as merely the titular leader, which would imply that Senator Clinton held the real power.
However, it may be deduced that at least the minimum core of subsistence rights may not be derogated from, even during situations of public emergency threatening the life of the nation.
As derogating is a somewhat extreme measure, whether or not a particular right may be derogated from, and under which circumstances, is usually laid down in the text of a human rights treaty.
It is important to be aware, nonetheless, that many of the IHRL provisions which can protect civilians from forced displacement or illegal appropriation through displacement, such as ICCPR [1966] Art 12. (1) and ICCPR [1954] Art. 17. (1) can be derogated from during armed conflict [ICCPR Art 4 1976].
The use of opening clauses in Belgium seems to be exceptional in the present recession (Keune 2011) and the law does not provide for exemptions, however in practice sectorally defined standards may be derogated from if the agreement explicitly allows for this through opt-out clauses.
Similar(48)
An unwanted gift from a predecessor, parent or older sibling is derogated as a hand-me-down; a happier, lasting bequest is called a legacy with legs.
Arbiters of good usage resigned to being called "word police" have been denounced as wordinistas, just as nosy reporters have been derogated as scandalistas.
(The Viscountess Snowden, after a visit to Russia soon after World War I, wrote, "We were behind the 'iron curtain' at last!") In the United States, the undemonstrative first lady Rosalynn Carter was derogated (unfairly, in retrospect) as "the steel magnolia".
Farcical and dystopian acts like the arrest of six people for spilling custard during street theatre often prompt observations that events like the Olympics present a "state of exception" – where standard rights are derogated in order to facilitate a spectacle.
One is derogated by politicians as a "beauty contest" in which all voters choose among candidates of both parties; it's a kind of super-poll to indicate who will carry this overwhelmingly Democratic state in November.
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