What must a state do before undertaking derogation of rights?

Before a state can undertake derogation of rights, it is required to give formal notice to the Secretary-General of the United Nations. This requirement serves several important purposes within the framework of international law, particularly the International Covenant on Civil and Political Rights (ICCPR).

When a state finds itself in a situation that threatens the life of the nation, such as during a state of emergency, it may need to suspend certain rights. However, this does not mean that the state can act unilaterally without transparency. Informing the Secretary-General ensures that there is an acknowledgment at the international level of the state's choice to derogate from its obligations, which maintains a level of accountability and facilitates subsequent monitoring.

The formal notice provides important information regarding the specific rights being derogated, the reasons behind this action, and the duration of the derogation. This process is designed to protect individuals and uphold the principles of human rights, even in times of crisis. It underscores the importance of maintaining a dialogue with the international community regarding human rights practices.

In contrast, simply ignoring existing international obligations or requiring a unanimous vote in parliament does not align with the established international legal framework. While consulting with non-governmental organizations could be beneficial for a state's decision-making process,