When derogating from human rights under human rights treaties, governments must notify the body that acts as the depository for the treaty. This is a body or an official that registers all matters related to the treaty – new states joining as parties, states leaving the treaty, any reservations made or other issues. They also register all derogation and send information about this to the other states that have joined the treaty. For example, in the International Covenant on Civil and Political Rights, this person is the Secretary General of the United Nations Organization. 

States must provide detailed notification as to the type of emergency the state is facing, the emergency measures that are being taken, including an explanation of their purpose and the laws that govern the measures. Notification must also be provided where a state takes additional measures or terminates them afterwards.

note The notification of derogation does not mean that it is necessarily valid. If your rights are restricted by emergency measures, you should still have access to a court or other independent judicial authority to determine the legality and proportionality of the measures. You may also have the right to file a complaint to a regional or international body. For example, if emergency measures concern your rights under the European Convention on Human Rights or the International Covenant on Civil and Political Rights, after complaining about them to all available national instances, you can then go to the European Court of Human Rights or the Human Rights Committee. 

Read more about human rights institutions.

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Last updated 15/04/2023