Declaration
A State may choose, or be required, to make a declaration concerning a treaty
to which it has become a party. There are several types of declarations:
• Interpretative declarations
A State may make a declaration about its understanding of a matter
contained in, or the interpretation of, a particular provision in a treaty.
Unlike reservations, such declarations do not purport to exclude or
modify the legal effects of a treaty. The purpose is merely to clarify the
State’s position as to the meaning of certain provisions or of the entire
treaty.
• Optional and mandatory declarations
Treaties may provide for States to make optional and/or mandatory
declarations. These declarations are legally binding on the declarants.
Thus, for example, under article 41 of the International Covenant on
Civil and Political Rights, States may make an optional declaration that
they accepts the Human Rights Committee’s competence to consider
inter-State complaints. Similarly, State parties to the Optional Protocol to
the Convention on the Rights of the Child on the involvement of children
in armed conflict are required, under its article 3 (2), to make a binding declaration setting out the minimum age at which they will permit
voluntary recruitment into their national armed forces and a description
of the safeguards that they have adopted to ensure that such recruitment
is not forced or coerced.
Derogation
A derogation is a measure adopted by a State party to partially suspend the
application of one or more provisions of a treaty, at least temporarily. Some
human rights treaties allow State parties, in a public emergency which threatens the life of the nation, to derogate exceptionally and temporarily from a
number of rights to the extent strictly required by the situation. The State party,
however, may not derogate from certain specific rights and may not take
discriminatory measures. States are generally obliged to inform other State
parties of such derogations and give reasons for the derogations, and to set
a date on which the derogation will expire. (See the Human Rights Committee’s general comment No. 29 (2001).)
Follow-up procedures
The procedures put in place to ensure that State parties act on the recommendations contained in the concluding observations of the treaty bodies or their
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