State of emergency facts for kids
A state of emergency is a special situation. During this time, a government can use powers it normally wouldn't. This is done to keep its citizens safe and protected. A government might declare this state before, during, or after a natural disaster, civil unrest, armed conflict, or a widespread illness like a pandemic.
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What is a State of Emergency?
A state of emergency lets the government take special actions. These actions are usually not allowed by normal laws. This happens when there's a big threat to public safety. It could be a natural disaster, a war, or a serious health crisis.
How it Works with International Rules
Under international law, some rights and freedoms can be paused during an emergency. This depends on how serious the situation is. It also depends on the government's rules.
Why Governments Use Them
Governments in democratic countries use states of emergency for many reasons. This can be for extreme weather or to keep public order. Sometimes, countries with strict rulers use these states for a very long time. This lets them ignore human rights that are usually protected. These rights are often part of the International Covenant on Civil and Political Rights (ICCPR).
Sometimes, martial law is also declared. This gives the military more power to act. Experts like Nicole Questiaux and Leandro Despouy have suggested rules for emergencies. These rules help make sure human rights are still respected.
The ICCPR allows countries to pause some rights during a "public emergency." But these actions must be only as much as needed. The country must also tell the Secretary-General of the United Nations about them. Other agreements, like the European Convention on Human Rights, have similar rules.
Some thinkers, like Carl Schmitt, believed that deciding when to declare an emergency shows who truly has power. Others, like Giorgio Agamben, disagreed. They argued that emergencies can take away people's civil and political rights.
Different Levels of Emergency
Many democratic countries have different legal levels for emergencies. These levels mean that parts of the country's constitution might be paused. This depends on the danger. Here are some examples:
- Martial law: This is the most serious. The military takes control, and people's rights are very limited. This might happen during a war or a serious threat from outside forces.
- State of siege: In this state, the rights of specific people or groups might be limited. This could be to stop a rebellion or acts of treason.
- Civil emergency: This deals with disaster areas. It needs a lot of extra help to handle dangerous situations. This includes natural disasters or serious property damage from riots or fires. Regular emergency services help, and sometimes the military steps in.
States of Emergency Around the World
Argentina
The Constitution of Argentina allows for a state of emergency. It's called "state of siege." This can be declared if the country's government is in danger. This could be from internal problems or an attack from another country. In the past, this rule was often misused by dictators. They used it to stop people who disagreed with them. After 1984, Argentina agreed to the American Convention on Human Rights. This made it harder to misuse emergency powers.
Australia
Rules for states of emergency are different in each state of Australia. When a region is hit by a natural disaster, the state government is in charge. If the state declares an emergency, then federal money becomes available to help. This money helps with recovery from disasters. A state of emergency usually applies to specific areas, not the whole state.
In March 2020, Australia declared a nationwide human biosecurity emergency. This was because of the COVID-19 pandemic. This gave the Health Minister strong powers. They could limit people's movement and order evacuations.
Canada
Canada's federal government can use the Emergencies Act for a state of emergency. A national emergency ends after 90 days unless it is extended. There are different types of emergencies, like public welfare or war emergencies.
The Emergencies Act replaced the War Measures Act in 1988. The War Measures Act was used three times. One time was during the 1970 October Crisis. It was also used during World War I and World War II.
Under the current law, provinces, territories, and cities can also declare emergencies. Canada's federal and provincial governments can also pause some Charter rights for five years at a time. This is done using a special rule called "the notwithstanding clause."
The Emergencies Act was first used by Prime Minister Justin Trudeau in February 2022. This was to respond to the Freedom Convoy 2022 protests in Ottawa.
France
France has three main ways to declare an emergency. Article 16 of the Constitution allows the president to have "extraordinary powers" in a crisis. Article 36 deals with a "state of siege." The Act of 1955 allows for a "state of emergency." The 1955 Act allows a 12-day emergency. After that, the Parliament must vote to extend it. These rules have been used many times. This includes during the Algerian War, the 2005 riots, and after the 2015 Paris terrorist attacks. In May 2024, France declared a state of emergency in New Caledonia due to riots.
Germany
The old Weimar Constitution (1919–1933) allowed emergencies under Article 48. This was to deal with rebellions. This article was often used. After the 1933 Reichstag fire, Adolf Hitler used Article 48 to declare an emergency. He then suspended many basic civil liberties. These included freedom of expression and freedom to assemble. This helped the Nazi Party take full control.
In modern Federal Republic of Germany, the Emergency Acts allow some basic constitutional rights to be limited. This can happen during a state of defense or a disaster. These changes were made in 1968.
Ireland
In Ireland, declaring a "national emergency" involves Article 28.3.3° of the 1937 Constitution of Ireland. This article says that laws made to keep public safety during war or rebellion are valid. During such times, military tribunals can try civilians. The Defence Forces are also not bound by habeas corpus.
The first change to the Constitution in 1939 allowed an emergency during wars where Ireland was neutral. This led to the Emergency Powers Act 1939. This act gave the government wide powers. This period was called "The Emergency."
The 1939 state of emergency officially ended in 1976. A new one was declared because of the Troubles in Northern Ireland. This new emergency lasted until 1995. This was part of the Northern Ireland peace process.
Israel
The Israeli state of emergency started even before Israel became a state. It was set up under British rule in 1945. These rules allow Israel's military to control movements. They can also prosecute suspected terrorists in occupied territories. They can also censor publications that might harm national defense.
New Zealand
The Civil Defence Emergency Management Act 2002 allows the New Zealand Government and local councils to declare an emergency. This can be for the whole country or a specific region. This might pause normal work and essential services. Emergencies in New Zealand usually last seven days unless extended.
New Zealand declared its first national state of emergency for a civil-defense emergency in 2011. This was after the 2011 Christchurch earthquake. In March 2020, a national emergency was declared for the COVID-19 pandemic. This allowed authorities to close businesses and enforce a nationwide lockdown. In February 2023, another national emergency was declared due to Cyclone Gabrielle.
Spain
Spain has three levels of emergency: "alarma" (alarm), "excepción" (exception), and "sitio" (siege). The constitution names them. It also limits which rights can be paused.
The first "state of alert" was declared in 2010. This was because of an air traffic controllers strike. It was the first time since the Francisco Franco's regime. The second and third states of alert were declared in 2020 due to the coronavirus pandemic.
United Kingdom
In the United Kingdom, the British Sovereign or a government minister can declare emergency rules. This is done under the Civil Contingencies Act 2004. An emergency is broadly defined as war, a foreign attack, terrorism, or events that seriously harm human welfare or the environment. These rules last for 30 days but can be extended by Parliament.
A state of emergency was last used in 1974 by Prime Minister Edward Heath. This was because of increasing industrial action. The act gives wide powers to the government during an emergency.
United States
The United States Constitution allows for some emergency powers. Congress can let the government call the military to enforce laws, stop rebellions, or fight an invasion. Congress can also allow the pausing of habeas corpus during rebellion or invasion.
Many laws only take effect when an executive declares an emergency. About 500 federal laws start with a presidential declaration. The National Emergencies Act controls this at the federal level. It requires the President to say which rules are active. The President must also renew the declaration every year.
Presidents have sometimes taken actions during emergencies that courts later found unconstitutional. A state governor or local mayor can also declare an emergency. This often happens at the state level for natural disasters. The Federal Emergency Management Agency (FEMA) helps respond to these events. For example, in 2015, the governor of Washington state declared an emergency due to flooding.
The 1977 International Emergency Economic Powers Act lets the government freeze money, limit trade, and take property. This is for "unusual and extraordinary threats" to the U.S. that come from outside the country. Many emergencies under this act are still active. The oldest one was declared in 1979 about the government of Iran. Another ongoing emergency, from the September 11 attacks, lets the president keep military personnel on duty longer.
In 2020, many U.S. states declared emergencies because of the COVID-19 pandemic.
Related Topics
- Arbitrary arrest and detention
- Continuity of Government Plan
- Due process
- Force majeure
- International humanitarian law
- Search and seizure
- Snow emergency
- State of exception
