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relevant guidance. 3/ It stipulates that where a reservation is not
prohibited by the treaty or falls within the specified permitted categories, a
State may make a reservation provided it is not incompatible with the object
and purpose of the treaty. Even though, unlike some other human rights
treaties, the Covenant does not incorporate a specific reference to the object
and purpose test, that test governs the matter of interpretation and
acceptability of reservations.
7.
In an instrument which articulates very many civil and political rights,
each of the many articles, and indeed their interplay, secures the objectives
of the Covenant. The object and purpose of the Covenant is to create legally
binding standards for human rights by defining certain civil and political
rights and placing them in a framework of obligations which are legally
binding for those States which ratify; and to provide an efficacious
supervisory machinery for the obligations undertaken.
8.
Reservations that offend peremptory norms would not be compatible with
the object and purpose of the Covenant. Although treaties that are mere
exchanges of obligations between States allow them to reserve inter se
application of rules of general international law, it is otherwise in human
rights treaties, which are for the benefit of persons within their
jurisdiction. Accordingly, provisions in the Covenant that represent
customary international law (and a fortiori when they have the character of
peremptory norms) may not be the subject of reservations. Accordingly, a
State may not reserve the right to engage in slavery, to torture, to subject
persons to cruel, inhuman or degrading treatment or punishment, to arbitrarily
deprive persons of their lives, to arbitrarily arrest and detain persons, to
deny freedom of thought, conscience and religion, to presume a person guilty
unless he proves his innocence, to execute pregnant women or children, to
permit the advocacy of national, racial or religious hatred, to deny to
persons of marriageable age the right to marry, or to deny to minorities the
right to enjoy their own culture, profess their own religion, or use their own
language. And while reservations to particular clauses of article 14 may be
acceptable, a general reservation to the right to a fair trial would not be.
9.
Applying more generally the object and purpose test to the Covenant, the
Committee notes that, for example, reservation to article 1 denying peoples
the right to determine their own political status and to pursue their
economic, social and cultural development, would be incompatible with the
object and purpose of the Covenant. Equally, a reservation to the obligation
to respect and ensure the rights, and to do so on a non-discriminatory basis
(article 2 (1)) would not be acceptable. Nor may a State reserve an
entitlement not to take the necessary steps at the domestic level to give
effect to the rights of the Covenant (article 2 (2)).
3/ Although the Vienna Convention on the Law of Treaties was concluded in
1969 and entered into force in 1980 - i.e. after the entry into force of the
Covenant - its terms reflect the general international law on this matter as
had already been affirmed by the International Court of Justice in The
Reservations to the Genocide Convention Case of 1951.