derogation
n. Lessening or restriction of the authority, strength, or power of a law, right, or obligation. Specifically: 1. (in the European Convention on Human Rights) A provision that enables a signatory state to avoid the obligations of some but not all of the substantive provisions of the rest of the Convention in time of war or other public emergency threatening the life of the nation (Article 15).

Following the terrorist attacks on the USA of 11 September 2001 and the passing of the Antiterrorism, Crime and Security Act 2001, the UK government derogated from Article 5 of the Convention (liberty and freedom from arbitrary detention). This derogation was necessary because that Act allowed the detention by the Secretary of State of certain foreign nationals merely on the basis that they were suspected of involvement in terrorism. That provision was declared to be in breach of the Convention by the House of Lords in December 2004 (A v Secretary of State for the Home Department [2004] UKHL 56, [2005] 2 AC 68) and abandoned in March 2005. Later the Grand Chamber of the European Court of Human Rights followed the reasoning of the House of Lords and also found a violation of the Convention (A v UK (App no 3455/05) (2009) 49 EHRR 29). The Overseas Operations (Service Personnel and Veterans) Act 2021 requires the Secretary of State to consider whether to make a derogation under Article 15 in relation to military engagement outside the UK. 2. (in EU law) An exemption clause that permits a member state of the EU to avoid a certain directive or regulation. Sometimes member states are allowed a longer than normal time to implement an EU directive.

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