# How Rights Are Limited During Emergency and Wartime

> A state of emergency or martial law may involve temporary limits, but their legal basis, scope and duration must follow the Constitution and special law. Each measure should be assessed against the specific regime and act.

Canonical URL: https://constitution.my/p/rights-emergency-regimes?lang=en
Language: en
Updated: 2026-07-26

Section: Rights

## General principle

A state of emergency or wartime allows the state to adopt additional security measures. But it does not mean that constitutional order disappears or that the authorities gain unlimited power.

## What may be restricted

Depending on the situation, temporary restrictions may affect:

- freedom of movement
- rules for public assemblies
- information-security measures
- special public-safety regimes

## What conditions must still be met

Any emergency restriction must:

- be based on law
- be temporary
- be connected to a real and specific threat
- be publicly announced
- remain open to judicial and constitutional oversight

## What still cannot be violated

Even in exceptional situations, certain fundamental guarantees must remain protected, especially:

- human dignity
- the prohibition of torture
- protection from unlawful violence
- core legality guarantees

## Why this is important

Emergency regimes always create a risk of overreach. That is why the Constitution must continue to function as a limit even in extraordinary times.

## What a citizen can do

If a restriction appears unlawful, excessive, or discriminatory, a person may:
- challenge it in court
- file a complaint with prosecutorial bodies
- appeal to the Ombudsman
- seek constitutional review where applicable

## Key Facts

- Emergency does not place the state outside the Constitution
- Restrictions must remain legal, temporary, public, and reviewable
- Fundamental guarantees still matter even in exceptional regimes
- Unlawful or discriminatory restrictions can be challenged

## Checked sources

- [Official publication of the 2026 Constitution of the Republic of Kazakhstan](https://adilet.zan.kz/rus/docs/K2600000000) – Adilet Legal Information System (checked 2026-07-16)

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Source: https://constitution.my/p/rights-emergency-regimes?lang=en
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