A state of emergency (or “state of siege” in some countries) allows a government to suspend a number of rights and privileges granted by the constitution for the duration of the emergency. It also gives the government access to derogations from international treaties such as the International Covenant on Civil and Political Rights. These derogations can be used to override the fundamental rights of the population, usually in the name of public safety and national security.
This power is often abused by dictatorial regimes. However, presidents have recently expanded the use of this authority to manage a wide range of situations from natural disasters to political unrest.
The Constitution of Argentina allows a state of emergency to be declared if the constitution or its authorities are threatened by internal or foreign attack. However, it is very difficult for the president to prove that this condition has been met. As a result, the state of emergency has been used as an instrument by dictators to suppress opposition.
States of emergencies can be declared before, during or after a natural disaster, civil unrest, armed conflict, medical pandemic or biosecurity risk. They can be declared over the whole country or a specific region and last for 30 days unless revoked by a resolution of the upper or lower house of parliament. During this time, the governor or mayor can make regulations in order to secure public safety and public order. These regulations may infringe upon the rights enshrined in sections 4 and 5 of the Constitution but only to the extent that they are “reasonably justifiable for the purpose of dealing with the situation which exists at the time of the declaration”. The governor or mayor can also impose roadblocks and confiscate vehicles or equipment.