Part IV Alteration of ICCPR Duties, 26 Reservations, Denunciations, Succession, and Derogations
From: The International Covenant on Civil and Political Rights: Cases, Materials, and Commentary (3rd Edition)
Sarah Joseph, Melissa Castan
- Subject(s):
- Derogations — Right to non-discrimination — Treaties, reservations and declarations — Treaties, successive — Genocide — Proportionality
[26.01] Upon ratification of the International Covenant on Civil and Political Rights (ICCPR), a State Party may limit its legal obligations by entering reservations. After ratification, the State Party may alter its duties by derogating from its ICCPR duties under article 4 in times of public emergency, so long as the rigorous requirements of article 4 are satisfied. However, the Human Rights Committee (HRC) has suggested that States Parties cannot abdicate their duties under the ICCPR by withdrawing their ratification by way of denunciation. The following...
