A/HRC/45/CRP.11 circumstances.283 However, under the Constitution, the states of exception must respect civil and political rights under the International Covenant on Civil and Political Rights and the American Convention on Human Rights.284 137. The Organic Law on the States of Exceptions establishes that all measures of exception need to be proportional to the situation that needs to be confronted as to the severity, nature and scope of application.285 All judges have the faculty to check the justification and proportionality of the measures adopted on the basis of the state of exception.286 138. Since 2016, a series of states of emergency have been issued over the entire country. The states of economic emergency were declared as of January 2016, over a year before the United States imposed the first financial sanction on Venezuela. 287 All have authorized the President to take broad economic, social and security measures to address a range of issues. Several provisions of the decrees also allowed the President to circumvent approval of the National Assembly for decisions related to the national economy. Among other measures, the local supply and production committees (CLAP) 288 were established under these executive orders. 139. A number of these decrees contain a clause allowing for the restrictions of rights, with the exception of those listed in article 337 of the Constitution (non-derogable rights including right to life and prohibition against torture) and article 7 of the Organic Law on States of Exception (rights to equality before the law, personal liberty, right to due process, prohibition of enforced disappearance, among others). 140. Each of these has been upheld by the constitutional chamber of the Supreme Court, despite having not been approved by the National Assembly, as required under the Constitution.289 The states of emergency include the following: 283 284 285 286 287 288 289 34 Ley Orgánica sobre estados de excepción, published in Official Gazette No. 37.261 of 15 August 2001, art. 15, available at: https://www.refworld.org.es/type,LEGISLATION,,,57f794aa39,0.html. 1999 Constitution, art. 339. ticle 4(1) of the ICCPR provides that in time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the ICCPR may take measures derogating from their obligations under the Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law. Article 4 (2) of the ICCPR indicates that no derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 of the Covenant may be made. There is no information that Venezuela has informed the other States Parties to the ICCPR, through the intermediary of the Secretary-General of the United Nations, of the provisions from which it might have derogated and of the reasons by which it was actuated – as provided in art. 4 (3). 2001 Organic Law on the States of Exceptions, art. 7. 2001 Organic Law on the States of Exceptions, art. 40. E.O. 13808 of August 2017. Decree No. 2323 of 13 May 2016, art. 2 (“The guarantee, including through the intervention of the Bolivarian National Armed Force and the citizen security bodies, with the participation of the Local Supply and Distribution Committees (CLAP), of the correct distribution and marketing of food and essential products. 1999 Constitution, art. 339.