to that State.40 Further, certain human right treaties also allow States to temporarily derogate, when strict conditions are met.41 Derogation suspends the legal effects of specific provisions in the State. Even under such treaties, some rights, for example the right to freedom from torture and the right to freedom of thought, conscience and religion, can never be derogated. Finally, some treaties allow certain rights, to be restricted, when specific requirements (a legitimate aim, legality, necessity, proportionality, and non-discrimination) are met. 27. Another source of human rights law is customary international law established through State practice that is undertaken by States in the belief that such practice is required by law (opinio juris). Customary law is applicable to all States. 28. The Convention on the Rights of the Child, a human rights treaty enumerating the rights of every person under 18 years of age and corresponding state obligations, has been ratified by all Member States, except one. Many of its provisions are now also part of “customary international law” that binds all States, even if they have not ratified the Convention. 29. Human rights obligations of a State party to a treaty are binding on all State organs and agents. All branches of government (executive, legislative and judicial) and other public or government authorities at national, regional or local levels are obligated to fulfill the requirements.42 30. The principle of non-refoulement prohibits States from removing individuals, regardless of migration, nationality, asylum or other status, from their jurisdiction when they would be at risk of irreparable harm upon return to the country of origin. This type of harm includes persecution, torture, inhuman or degrading treatment or punishment, arbitrary deprivation of life, including as a result of a death sentence pronounced without the fundamental guarantees of fair trial, and other gross violations of human rights, such as underage recruitment and participation in hostilities.43 To that end, States must establish mechanisms for the purposes of hearing and assessing, on an individual basis, any fears expressed by the child, or their family, regarding the risks associated with repatriation. The principle is well founded under international human rights treaties44 and is also considered as customary international law binding on all States.45 42 Human Rights Committee, general comment No. 31 (2004) on nature of the general legal obligation imposed on States parties to the Covenant, para. 4. 43 Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/ No. 23 (2017) of the Committee on the Rights of the Child on state obligations regarding the human rights of children in the context of international migration in countries of origin, transit, destination and return, para. 45; International Committee of the Red Cross (ICRC), “The updated Commentary on the First Geneva Convention” (2016), pg. 1218. 40 Vienna Convention on the Law of Treaties (1969), art. 2(1) (d). 44 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1985), art. 3; International Covenant on Civil and Political Rights (1966), art. 6. 41 International Covenant on Civil and Political Rights (1969), art. 4; Convention for the Protection of Human Rights and Fundamental Freedoms (1950) (European Convention on Human Rights), art. 15; and American Convention on Human Rights (1969), art. 27. 45 UNHCR, “Advisory Opinion on the Extraterritorial Application of Non-Refoulement Obligations under the 1951 Convention relating to the Status of Refugees and its 1967 Protocol” (2007), available at www.unhcr.org/4d9486929.pdf, paras. 21-22. 20.