to the promotion of social justice and the improvement of living and working
conditions. In the context of continuing their efforts with a view to achieving
progressively the full realization of economic, social and cultural rights by all
appropriate means, they will pay special attention to problems in the areas of
employment, housing, social security, health, education and culture.
(24)
The participating States will ensure that the exercise of all the
human rights and fundamental freedoms set out above will not be subject to
any restrictions except those which are provided by law and are consistent
with their obligations under international law, in particular the International
Covenant on Civil and Political Rights, and with their international
commitments, in particular the Universal Declaration of Human Rights.
These restrictions have the character of exceptions. The participating States
will ensure that these restrictions are not abused and are not applied in an
arbitrary manner, but in such a way that the effective exercise of these rights
is ensured.
Any restriction on rights and freedoms must, in a democratic
society, relate to one of the objectives of the applicable law and be strictly
proportionate to the aim of that law.
(25)
The participating States confirm that any derogations from
obligations relating to human rights and fundamental freedoms during a state
of public emergency must remain strictly within the limits provided for by
international law, in particular the relevant international instruments by
which they are bound, especially with respect to rights from which there can
be no derogation. They also reaffirm that
(25.1)
— measures derogating from such obligations must be taken in
strict conformity with the procedural requirements laid down in those
instruments;
(25.2)
— the imposition of a state of public emergency must be
proclaimed officially, publicly, and in accordance with the provisions laid
down by law;
(25.3)
— measures derogating from obligations will be limited to the
extent strictly required by the exigencies of the situation;
(25.4)
— such measures will not discriminate solely on the grounds of
race, colour, sex, language, religion, social origin or of belonging to a minority.
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