democratic society to ensure respect for the rights and freedoms of others, or to meet the just requirements of public order, public health or morals, national security or public safety.21 Human rights treaties also provide that derogation (temporary suspension) from human rights may be permitted “in time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed.”22 Such derogations must be strictly required by the exigencies of the situation, must not be inconsistent with other obligations under international law, and must not be discriminatory. In addition, there are a number of rights from which derogation is never allowed, including those rights relating to: freedom from the arbitrary deprivation of life; torture and other ill-treatment; slavery; imprisonment for debt; retroactive penalty; non-recognition of the law; and freedom of thought, conscience, and religion.23 2.3 The Universalism/Relativism Debate in International Human Rights Law The nature, content and prioritization of human rights remain controversial, especially across different cultures and societies. In particular, some non-western States advance their own human rights standards or challenge the full application of international human rights standards. Examples of challenges to the full application of international human rights law • during the Cold War, communist States claimed that economic, social and cultural rights were more important than civil and political rights, while Western States held the opposite belief • some Asian States claim that the needs of a collective or of society supersede the rights of individuals • some Islamic States claim that primacy should be accorded to the Sharia in instances where the latter conflicts with international human rights law At the same time, international human rights law holds that human rights are universal in application, as well as inalienable: just as a human cannot be deprived of his or her humanity, he or she cannot be deprived of his or her human rights.24 The tension between these two positions is known as the universalism/relativism debate.25 The universalism/relativism debate has had a significant impact on the development of an influential theory, which holds that there are three generations of human rights. The features of these three generations are summarized below: The Three Generations of Human Rights First generation: Civil & Political Rights Instruments ICCPR, Art. 2-27; UDHR, Art. 2-21; ECHR, Art. 218; ACHR, Art. 3-25; ACHPR, Art. 2-14. Second generation: Economic, Social & Cultural Rights ICESCR, Art. 2-25; UDHR, Art. 22-27; ACHR, Art. 26; Protocol of San Third Generation: Solidarity Rights UN Charter, Art. 1(2); UDHR, Art.1; ICCPR, Art.1; ICESCR, Art.1; ACHPR, Art. 19-24. 12