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Committee
main
Declarations and Reservations to the Convention on the Rights of
the Child
(Unless otherwise indicated, the declarations and reservations were
made
upon ratification, acceptance, accession or succession. For objections
thereto, see hereinafter.)
Afghanistan
Upon signature:
Declaration:
"The Government
of the Republic of Afghanistan reserves the right to express, upon ratifying
the Convention, reservations on all provisions of the Convention that
are incompatible with the laws of Islamic Shari'a and the local legislation
in effect."
Algeria
Interpretative declarations:
Article 14,
paragraphs 1 and 2:
The provisions
of paragraphs 1 and 2 of article 14 shall be interpreted by the Algerian
Government in compliance with the basic foundations of the Algerian legal
system, in particular:
- With the
Constitution, which stipulates in its article 2 that Islam is the State
religion and in its article 35 that "there shall be no infringement of
the inviolability of the freedom of conviction and the inviolability of
the freedom of opinion";
- With Law
No. 84-11 of 9 June 1984, comprising the Family Code, which stipulates
that a child's education is to take place in accordance with the religion
of its father.
Articles 13,
16 and 17:
Articles 13,
16 and 17 shall be applied while taking account of the interest of the
child and the need to safeguard its physical and mental integrity. In
this framework, the Algerian Government shall interpret the provisions
of these articles while taking account of:
- The provisions
of the Penal Code, in particular those sections relating to breaches of
public order, to public decency and to the incitement of minors to immorality
and debauchery;
- The provisions
of Law No. 90-07 of 3 April 1990, comprising the Information Code, and
particularly its article 24 stipulating that "the director of a publication
destined for children must be assisted by an educational advisory body";
- Article 26
of the same Code, which provides that "national and foreign periodicals
and specialized publications, whatever their nature or purpose, must not
contain any illustration, narrative, information or insertion contrary
to Islamic morality, national values or human rights or advocate racism,
fanaticism and treason. Further, such publications must contain no publicity
or advertising that may promote violence and delinquency."
Andorra
Declarations:
A.- The Principality
of Andorra deplores the fact that the [said Convention] does not prohibit
the use of children in armed conflicts. It also disagrees with the provisions
of article 38, paragraphs 2 and 3, concerning the participation and recruitment
of children from the age of 15.
B.- The Principality
of Andorra will apply the provisions of articles 7 and 8 of the Convention
without prejudice to the provisions of part II, article 7 of the Constitution
of the Principality of Andorra, concerning Andorran nationality.
Article 7 of
the Constitution of Andorra provides that:
A La lei qualificada
shall determine the rules pertaining to the acquisition and loss of nationality
and the legal consequences thereof.
Acquisition
or retention of a nationality other than Andorran nationality shall result
in the loss of the latter in accordance with the conditions and limits
established by law.
Argentina
Reservation
and declarations made upon signature and confirmed upon ratification:
Reservation:
The Argentine
Republic enters a reservation to subparagraphs (b), (c), (d) and (e) of
article 21 of the Convention on the Rights of the Child and declares that
those subparagraphs shall not apply in areas within its jurisdiction because,
in its view, before they can be applied a strict mechanism must exist
for the legal protection of children in matters of inter-country adoption,
in order to prevent trafficking in and the sale of children.
Declarations:
Concerning
article 1 of the Convention, the Argentine Republic declares that the
article must be interpreted to the effect that a child means every human
being from the moment of conception up to the age of eighteen.
Concerning
article 38 of the Convention, the Argentine Republic declares that it
would have liked the Convention categorically to prohibit the use of children
in armed conflicts. Such a prohibition exists in its domestic law which,
by virtue of article 41 of the Convention, it shall continue to apply
in this regard.
Upon ratification:
Declaration:
Concerning
subparagraph (f) of article 24 of the Convention, the Argentine Republic
considers that questions relating to family planning are the exclusive
concern of parents in accordance with ethical and moral principles and
understands it to be a State obligation, under this article, to adopt
measures providing guidance for parents and education for responsible
parenthood.
Australia
Reservation:
"Australia
accepts the general principles of article 37. In relation to the second
sentence of paragraph (c), the obligation to separate children from adults
in prison is accepted only to the extent that such imprisonment is considered
by the responsible authorities to be feasible and consistent with the
obligation that children be able to maintain contact with their families,
having regard to the geography and demography of Australia. Australia,
therefore, ratifies the Convention to the extent that it is unable to
comply with the obligation imposed by article 37 (c)."
Austria
Reservations:
"1. Article
13 and article 15 of the Convention will be applied provided that they
will not affect legal restrictions in accordance with article 10 and article
11 of the European Convention on the Protection of Human Rights and Fundamental
Freedoms of 4 November 1950.
"2. Article
17 will be applied to the extent that it is compatible with the basic
rights of others, in particular with the basic rights of freedom of information
and freedom of press."
Declarations:
"1. Austria
will not make any use of the possibility provided for in article 38, paragraph
2, to determine an age limit of 15 years for taking part in hostilities
as this rule is incompatible with article 3, paragraph 1, which determines
that the best interests of the child shall be a primary consideration.
"2. Austria
declares, in accordance with its constitutional law, to apply article
38, paragraph 3, provided that only male Austrian citizens are subject
to compulsory military service."
Bahamas
Reservation
made upon signature and confirmed upon ratification:
"The Government
of the Commonwealth of The Bahamas upon signing the Convention reserves
the right not to apply the provisions of article 2 of the said Convention
insofar as those provisions relate to the conferment of citizenship upon
a child having regard to the Provisions of the Constitution of the Commonwealth
of The Bahamas".
Bangladesh13
Reservations:
"[The Government
of Bangladesh] ratifies the Convention with a reservation to article 14,
paragraph 1.
"Also article
21 would apply subject to the existing laws and practices in Bangladesh."
Belgium
Interpretative declarations:
1. With regard
to article 2, paragraph 1, according to the interpretation of the Belgian
Government non-discrimination on grounds of national origin does not necessarily
imply the obligation for States automatically to guarantee foreigners
the same rights as their nationals. This concept should be understood
as designed to rule out all arbitrary conduct but not differences in treatment
based on objective and reasonable considerations, in accordance with the
principles prevailing in democratic societies.
2. Articles
13 and 15 shall be applied by the Belgian Government within the context
of the provisions and limitations set forth or authorized by said Convention
in articles 10 and 11 of the European Convention for the Protection of
Human Rights and Fundamental Freedoms of 4 November 1950.
3. The Belgian
Government declares that it interprets article 14, paragraph 1, as meaning
that, in accordance with the relevant provisions of article 18 of the
International Covenant on Civil and Political Rights of 19 December 1966
and article 9 of the European Convention for the Protection of Human Rights
and Fundamental Freedoms of 4 November 1950, the right of the child to
freedom of thought, conscience and religion implies also the freedom to
choose his or her religion or belief.
4. With regard
to article 40, paragraph 2 (b) (v), the Belgian Government considers that
the expression "according to law" at the end of that provision means that:
(a) This provision
shall not apply to minors who, under Belgian law, are declared guilty
and are sentenced in a higher court following an appeal against their
acquittal in a court of the first instance;
(b) This provision
shall not apply to minors who, under Belgian law, are referred directly
to a higher court such as the Court of Assize.
Bosnia and
Herzegovina
Reservation:
"The Republic
of Bosnia and Herzergovina reserves the right not to apply paragraph 1
of article 9 of the Convention since the internal legislation of the Republic
of Bosnia and Herzegovina provides for the right of competent authorities
(guardianship authorities) to determine on separation of a child from
his/her parents without a previous judicial review."
Botswana14
Reservation:
"The Government
of the Republic of Botswana enters a reservation with regard to the provisions
of article 1 of the Convention and does not consider itself bound by the
same in so far as such may conflict with the Laws and Statutes of Botswana."
Brunei Darussalam15,16,17
Reservation:
"[The Government
of Brunei Darussalam] expresses its reservations on the provisions of
the said Convention which may be contrary to the Constitution of Brunei
Darussalam and to the beliefs and principles of Islam, the State, religion,
and without prejudice to the generality of the said reservations, in particular
expresses its reservation on articles 14, 20 and 21 of the Convention."
Canada
Reservations:
"(i) Article
21
With a view
to ensuring full respect for the purposes and intent of article 20 (3)
and article 30 of the Convention, the Government of Canada reserves the
right not to apply the provisions of article 21 to the extent that they
may be inconsistent with customary forms of care among aboriginal peoples
in Canada.
"(ii) Article
37 (c)
The Government
of Canada accepts the general principles of article 37 (c) of the Convention,
but reserves the right not to detain children separately from adults where
this is not appropriate or feasible.
Statement of
understanding:
"Article 30:
It is the understanding
of the Government of Canada that, in matters relating to aboriginal peoples
of Canada, the fulfilment of its responsibilities under article 4 of the
Convention must take into account the provisions of article 30. In particular,
in assessing what measures are appropriate to implement the rights recognized
in the Convention for aboriginal children, due regard must be paid to
not denying their right, in community with other members of their group,
to enjoy their own culture, to profess and practice their own religion
and to use their own language."
China
Reservation:
[T]he People's
Republic of China shall fulfil its obligations provided by article 6 of
the Convention under the prerequisite that the Convention accords with
the provisions of article 25 concerning family planning of the Constitution
of the People's Republic of China and in conformity with the provisions
of article 2 of the Law of Minor Children of the People's Republic of
China.
Colombia
Upon signature:
The Colombian
Government considers that, while the minimum age of 15 years for taking
part in armed conflicts, set forth in article 38 of the Convention, is
the outcome of serious negotiations which reflect various legal, political
and cultural systems in the world, it would have been preferable to fix
that age at 18 years in accordance with the principles and norms prevailing
in various regions and countries, Colombia among them, for which reason
the Colombian Government, for the purpose of article 38 of the Convention,
shall construe the age in question to be 18 years.
Upon ratification:
Reservation:
The Government
of Colombia, pursuant to article 2, paragraph 1 (d) of the Convention,
declares that for the purposes of article 38, paragraphs 2 and 3, of the
Convention, the age referred to in said paragraphs shall be understood
to be 18 years, given the fact that, under Colombian law, the minimum
age for recruitment into the armed forces of personnel called for military
service is 18 years.
Cook Islands
Reservations:
"The Government
of the Cook Islands reserves the right not to apply the provisions of
article 2 in so far as those provisions may relate to the conferment of
Cook Islands nationality, citizenship or permanent residency upon a child
having regard to the Constitution and other legislation as may from time
to time be in force in the Cook Islands.
With respect
to article 10, the Government of the Cook Islands reserves the right to
apply such legislation, in so far as it relates to the entry into, stay
in and departure from the Cook Islands of those who do not have the right
under the law of the Cook Islands to enter and remain in the Cook Islands,
and to the acquisition and possession of citizenship, as it may deem necessary
from time to time.
The Government
of the Cook Islands accepts the general principles of article 37. In relation
to the second sentence of paragraph (c), the obligation to separate children
from adults in prison is accepted only to the extent that such imprisonment
is considered by the responsible authorities to be feasible. The Cook
Islands reserves the right not to apply article 37 in so far as those
provisions require children who are detained to be accommodated separately
from adults.
Declarations:
Domestically,
the Convention does not apply directly. It establishes State obligations
under international law that the Cook Islands fulfils in accordance with
its national law.
Article 2 paragraph
(1) does not necessarily imply the obligation of States automatically
to guarantee foreigners the same rights as their nationals. The concept
of non-discrimination on the basis of national origin should be understood
as designed to rule out all arbitrary conduct but not differences in treatment
based on objective and reasonable considerations, in accordance with the
principles prevailing in democratic societies.
The Government
of the Cook Islands will take the opportunity afforded by its accession
to the Convention to initiate reforms in its domestic legislation relating
to adoption that are in keeping with the spirit of the Convention and
that it considers appropriate, in line with article 3 (2) of the Convention
to ensure the well-being of the child. While all adoptions now permitted
under Cook Islands law are based on the principle of the best interest
of the child being of paramount consideration and authorised by the High
Court in accordance with applicable law and procedures and on the basis
of all pertinent and reliable information, the principal aim of the planned
measures will be to remove vestigial discrimination provisions governing
adoptions found in legislation enacted with respect to the Cook Islands
prior to the acquisition of sovereignty by the Cook Islands in order to
ensure non-discriminatory adoption arrangements for all Cook Islands nationals."
Croatia18
Reservation:
"The Republic
of Croatia reserves the right not to apply paragraph 1 of article 9 of
the Convention since the internal legis lation of the Republic of Croatia
provides for the right of compet ent authorities (Centres for Social Work)
to determine on separ ation of a child from his/her parents without a
previous judicial review."
Cuba
Declaration:
With reference
to article 1 of the Convention, the Government of the Republic of Cuba
declares that in Cuba, under the domestic legislation in force, majority
is not attained at 18 years of age for purposes of the full exercise of
civic rights.
Czech Republic5
Denmark19
Reservations:
"Article 40,
paragraph 2 (b) (v) shall not be binding on Denmark.
"It is a fundamental
principle of the Danish Administration of Justice Act that everybody shall
be entitled to have any penal measures imposed on him or her by a court
of first instance reviewed by a higher court. There are, however, some
provisions limiting this right in certain cases, for instance verdicts
returned by a jury on the question of guilt, which have not been reversed
by the legally trained judges of the court."
Declaration:
[The Government
of Djibouti] shall not consider itself bound by any provisions or articles
that are incompatible with its religion and its traditional values.
Ecuador21
Upon signature:
Declaration:
"In signing
the Convention on the Rights of the Child, Ecuador reaffirms . . . [that
it is] especially pleased with the ninth preambular paragraph of the draft
Convention, which pointed to the need to protect the unborn child, and
believed that that paragraph should be borne in mind in interpreting all
the articles of the Convention, particularly article 24. While the minimum
age set in article 38 was, in its view, too low, [the Government of Ecuador]
did not wish to endanger the chances for the Convention's adoption by
consensus and therefore would not propose any amendment to the text."
Egypt
Reservation
made upon signature and confirmed upon ratification:
Since The Islamic
Shariah is one of the fundamental sources of legislation in Egyptian positive
law and because the Shariah, in enjoining the provision of every means
of protection and care for children by numerous ways and means, does not
include among those ways and means the system of adoption existing in
certain other bodies of positive law,
The Government
of the Arab Republic of Egypt expresses its reservation with respect to
all the clauses and provisions relating to adoption in the said Convention,
and in particular with respect to the provisions governing adoption in
articles 20 and 21 of the Convention.
France
Declarations
and reservation made upon signature and confirmed upon ratification:
(1) The Government
of the French Republic declares that this Convention, particularly article
6, cannot be interpreted as constituting any obstacle to the implementation
of the provisions of French legislation relating to the voluntary interruption
of pregnancy.
(2) The Government
of the Republic declares that, in the light of article 2 of the Constitution
of the French Republic, article 30 is not applicable so far as the Republic
is concerned.
(3) The Government
of the Republic construes article 40, paragraph 2 (b) (v), as establishing
a general principle to which limited exceptions may be made under law.
This is particularly the case for certain non-appealable offences tried
by the Police Court and for offences of a criminal nature. None the less,
the decisions handed down by the final court of jurisdiction may be appealed
before the Court of Cassation, which shall rule on the legality of the
decision taken.
Upon signature:
Declaration:
"The Government
of the Federal Republic of Germany reserves the right to make, upon ratification,
such declarations as it considers necessary, especially with regard to
the interpretation of articles 9, 10, 18 and 22."
Upon ratification:
Declarations:
The Government
of the Federal Republic of Germany declares . . . that it will take the
opportunity afforded by the ratification of the Convention to initiate
reforms in its domestic legislation that are in keeping with the spirit
of the Convention and that it considers appropriate, in line with article
3 (2) of the Convention, to ensure the well-being of the child. The planned
measures include, in particular, a revision of the law on parental custody
in respect of children whose parents have not married, are permanently
living apart while still married, or are divorced. The principal aim will
be to improve the conditions for the exercise of parental custody by both
parents in such cases as well. The Federal Republic of Germany also declares
that domestically the Convention does not apply directly. It establishes
state obligations under international law that the Federal Republic of
Germany fulfils in accordance with its national law, which conforms with
the Convention.
The Government
of the Federal Republic of Germany is of the opinion that article 18 (1)
of the Convention does not imply that by virtue of the entry into force
of this provision parental custody, automatically and without taking into
account the best interests of the respective child, applies to both parents
even in the case of children whose parents have not married, are permanently
living apart while still married, or are divorced. Such an interpretation
would be incompatible with article 3 (1) of the Convention. The situation
must be examined in a case-by-case basis, particularly where the parents
cannot agree on the joint exercise of custody.
The Federal
Republic of Germany therefore declares that the provisions of the Convention
are also without prejudice to the provisions of national law concerning
a) legal representation
of minors in the exercise of their rights;
b) rights of
custody and access in respect of children born in wedlock;
c) circumstances
under family and inheritance law of children born out of wedlock;
This applies
irrespective of the planned revision of the law on parental custody, the
details of which remain within the discretion of the national legislator.
Reservations:
In accordance
with the reservations made by it with respect to the parallel guarantees
of the International Covenant on Civil and Political Rights, the Federal
Republic of Germany declares in respect of article 40 (2) (b) (ii) and
(v) of the Convention that these provisions shall be applied in such a
way that, in the case of minor infringement of the penal law, there shall
not in each and every case exist:
a) a right
to have "legal or other appropriate assistance" in the preparation and
presentation of the defence, and/or
b) an obligation
to have a sentence not calling for imprisonment reviewed by a "higher
competent authority or judicial body".
Declarations:
Nothing in
the Convention may be interpreted as implying that unlawful entry by an
alien into the territory of the Federal Republic of Germany or his unlawful
stay there is permitted; nor may any provision be interpreted to mean
that it restricts the right of the Federal Republic of Germany to pass
laws and regulations concerning the entry of aliens and the conditions
of their stay or to make a distinction between nationals and aliens.
The Government
of the Federal Republic of Germany regrets the fact that under article
38 (2) of the Convention even fifteen-year-olds may take a part in hostilities
as soldiers, because this age limit is incompatible with the consideration
of a child's best interest (article 3 (1) of the Convention). It declares
that it will not make any use of the possibility afforded by the Convention
of fixing this age limit at fifteen years.
Guatemala
Upon signature:
Declaration:
"The State
of Guatemala is signing this Convention out of a humanitarian desire to
strengthen the ideals on which the Convention is based, and because it
is an instrument which seeks to institutionalize, at the global level,
specific norms for the protection of children, who, not being legally
of age, must be under the guardianship of the family, society and the
State.
"With reference
to article 1 of the Convention, and with the aim of giving legal definition
to its signing of the Convention, the Government of Guatemala declares
that article 3 of its Political Constitution establishes that: "The State
guarantees and protects human life from the time of its conception, as
well as the integrity and security of the individual."
Holy See
Reservations:
"a) [The Holy
See] interprets the phrase `Family planning education and services' in
article 24.2, to mean only those methods of family planning which it considers
morally acceptable, that is, the natural methods of family planning.
"b) [The Holy
See] interprets the articles of the Convention in a way which safeguards
the primary and inalienable rights of parents, in particular insofar as
these rights concern education (articles 13 and 28), religion (article
14), association with others (article 15) and privacy (article 16).
"c) [The Holy
See declares] that the application of the Convention be compatible in
practice with the particular nature of the Vatican City State and of the
sources of its objective law (art. 1, Law of 7 June 1929, n. 11) and,
in consideration of its limited extent, with its legislation in the matters
of citizenship, access and residence."
Declaration:
"The Holy See
regards the present Convention as a proper and laudable instrument aimed
at protecting the rights and interests of children, who are 'that precious
treasure given to each generation as a challenge to its wisdom and humanity'
(Pope John Paul II, 26 April 1984).
"The Holy See
recognizes that the Convention represents an enactment of principles previously
adopted by the United Nations, and once effective as a ratified instrument,
will safeguard the rights of the child before as well as after birth,
as expressly affirmed in the `Declaration of the Rights of the Child'
[Res. 136 (XIV)] and restated in the ninth preambular paragraph of the
Convention. The Holy See remains confident that the ninth preambular paragraph
will serve as the perspective through which the rest of the Convention
will be interpreted, in conformity with article 31 of the Vienna Convention
on the Law of Treaties of 23 May 1969.
"By acceding
to the Convention on the Rights of the Child, the Holy See intends to
give renewed expression to its constant concern for the well-being of
children and families. In consideration of its singular nature and position,
the Holy See, in acceding to this Convention, does not intend to prescind
in any way from its specific mission which is of a religious and moral
character."
Iceland
Declarations:
"1. With respect
to article 9, under Icelandic law the administrative authorities can take
final decisions in some cases referred to in the article. These decisions
are subject to judicial review in the sense that it is a principle of
Icelandic law that courts can nullify administrative decisions if they
conclude that they are based on unlawful premises. This competence of
the courts to review administrative decisions is based on article 60 of
the Constitution.
"2. With respect
to article 37, the separation of juvenile prisoners from adult prisoners
is not obligatory under Icelandic law. However, the law relating to prisons
and imprisonment provides that when deciding in which penal institution
imprisonment is to take place account should be taken of, inter alia,
the age of the prisoner. In light of the circumstances prevailing in Iceland
it is expected that decisions on the imprisonment of juveniles will always
take account of the juvenile's best interest."
India
Declaration:
"While fully
subscribing to the objectives and purposes of the Convention, realising
that certain of the rights of child, namely those pertaining to the economic,
social and cultural rights can only be progressively implemented in the
developing countries, subject to the extent of available resources and
within the framework of international co-operation; recognising that the
child has to be protected from exploitation of all forms including economic
exploitation; noting that for several reasons children of different ages
do work in India; having prescribed minimum ages for employment in hazardous
occupations and in certain other areas; having made regulatory provisions
regarding hours and conditions of employment; and being aware that it
is not practical immediately to prescribe minimum ages for admission to
each and every area of employment in India - the Government of India undertakes
to take measures to progressively implement the provisions of article
32, particularly paragraph 2 (a), in accordance with its national legislation
and relevant international instruments to which it is a State Party."
Indonesia20
Reservation:
The 1945 Constitution
of the Republic of Indonesia guarantees the fundamental rights of the
child irrespective of their sex, ethnicity or race. The Constitution prescribes
those rights to be implemented by national laws and regulations.
The ratification
of the Convention on the Rights of the Child by the Republic of Indonesia
does not imply the acceptance of obligations going beyond the Constitutional
limits nor the acceptance of any obligation to introduce any right beyond
those prescribed under the Constitution.
With reference
to the provisions of articles 1, 14, 16, 17, 21, 22 and 29 of this Convention,
the Government of the Republic of Indonesia declares that it will apply
these articles in conformity with its Constitution.
Iran (Islamic
Republic of)14,23
Upon signature:
Reservation:
"The Islamic
Republic of Iran is making reservation to the articles and provisions
which may be contrary to the Islamic Shariah, and preserves the right
to make such particular declaration, upon its ratification".
Upon ratification:
Reservation:
"The Government
of the Islamic Republic of Iran reserves the right not to apply any provisions
or articles of the Convention that are incompatible with Islamic Laws
and the international legislation in effect."
Iraq
Reservation:
The Government
of Iraq has seen fit to accept [the Convention] ... subject to a reservation
in respect to article 14, paragraph 1, concerning the child's freedom
of religion, as allowing a child to change his or her religion runs counter
to the provisions of the Islamic Shariah.
Ireland
Upon signature:
Declaration:
"Ireland reserves
the right to make, when ratifying the Convention, such declarations or
reservations as it may consider necessary."
Japan
Reservation:
"In applying
paragraph (c) of article 37 of the Convention on the Rights of the Child,
Japan reserves the right not to be bound by the provision in its second
sentence, that is, `every child deprived of liberty shall be separated
from adults unless it is considered in the child's best interest not to
do so', considering the fact that in Japan as regards persons deprived
of liberty, those who are below twenty years of age are to be generally
separated from those who are of twenty years of age and over under its
national law."
Declarations:
1. The Government
of Japan declares that paragraph 1 of article 9 of the Convention on the
Rights of the Child be interpreted not to apply to a case where a child
is separated from his or her parents as a result of deportation in accordance
with its immigration law.
2. The Government
of Japan declares further that the obligation to deal with applications
to enter or leave a State Party for the purpose of family re-unification
`in a positive, humane and expeditious manner' provided for in paragraph
1 of article 10 of the Convention on the Rights of the Child be interpreted
not to affect the outcome of such applications."
Jordan24
Reservation:
The Hashemite
Kingdom of Jordan expresses its reservation and does not consider itself
bound by articles 14, 20 and 21 of the Convention, which grant the child
the right to freedom of choice of religion and concern the question of
adoption, since they are at variance with the precepts of the tolerant
Islamic Shariah.
Kiribati17
Reservation:
"In respect
of article 24 paragraphs (b,c,d,e and f), article 26 and article 28 paragraphs
(b,c and d), in accordance with article 51 paragraph 1 of the Convention.
Declaration:
The Republic
of Kiribati considers that a child's rights as defined in the Convention,
in particular the rights defined in articles 12-16 shall be exercised
with respect for parental authority, in accordance with the Kiribati customs
and traditions regarding the place of the child within and outside the
family."
Kuwait
Upon signature:
Reservation:
"[Kuwait expresses]
reservations on all provisions of the Convention that are incompatible
with the laws of Islamic Shari'a and the local statutes in effect."
Upon ratification:
Declarations:
Article 7:
The State of
Kuwait understands the concepts of this article to signify the right of
the child who was born in Kuwait and whose parents are unknown (parentless)
to be granted the Kuwaiti nationality as stipulated by the Kuwaiti Nationality
Laws.
Article 21:
The State of
Kuwait, as it adheres to the provisions of the Islamic shariah as the
main source of legislation, strictly bans abandoning the Islamic religion
and does not therefore approve adoption.
Liechtenstein
Declaration
concerning article 1:
"According
to the legislation of the Principality of Liechtenstein children come
of age with 20 years. However, the Liechtenstein law provides for the
possibility to prolong or to shorten the duration of minority."
Reservation
concerning article 7:
"The Principality
of Liechtenstein reserves the right to apply the Liechtenstein legislation
according to which Liechtenstein nationality is granted under certain
conditions."
Reservation
concerning article 10:
"The Principality
of Liechtenstein reserves the right to apply the Liechtenstein legislation
according to which family re-unification for certain categories of foreigners
is not guarantied."
Luxembourg
Reservations:
1. The Government
of Luxembourg believes that it is in the interest of families and children
to maintain the provision of article 334-6 of the Civil Code, which reads
as follows:
Article 334-6.
If at the time of conception, the father or mother was bound in marriage
to another person, the natural child may be raised in the conjugal home
only with the consent of the spouse of his parent.
2. The Government
of Luxembourg declares that the present Convention does not require modification
of the legal status of children born to parents between whom marriage
is absolutely prohibited, such status being warranted by the interest
of the child, as provided under article 3 of the Convention.
3. The Government
of Luxembourg declares that article 6 of the present Convention presents
no obstacle to implementation of the provisions of Luxembourg legislation
concerning sex information, the prevention of back-street abortion and
the regulation of pregnancy termination.
4. The Government
of Luxembourg believes that article 7 of the Convention presents no obstacle
to the legal process in respect of anonymous births, which is deemed to
be in the interest of the child, as provided under article 3 of the Convention.
5. The Government
of Luxembourg declares that article 15 of the present Convention does
not impede the provisions of Luxembourg legislation concerning the capacity
to exercise rights.
Malaysia25
Reservation:
"The Government
of Malaysia accepts the provisions of the Convention on the Rights of
the Child but expresses reservations with respect to articles 1, 2, 7,
13, 14, 15, [...], 28, [paragraph 1 (a)] 37, [...] of the Convention
and declares that the said provisions shall be applicable only if they
are in conformity with the Constitution, national laws and national policies
of the Government of Malaysia."
23 March 1999
Declaration:
With respect
to article 28 paragraph 1 (a), the Government of Malaysia wishes to declare
that in Malaysia, even though primary education is not compulsory and
available free to all, primary education is available to everybody and
Malaysia has achieved a high rate of enrolment for primary education i.e.
at the rate of 98% enrolment."
Maldives
Upon signature:
Reservations:
"1) Since the
Islamic Shariah is one of the fundamental sources of Maldivian Law and
since Islamic Shariah does not include the system of adoption among the
ways and means for the protection and care of children contained in Shariah,
the Government of the Republic of Maldives expresses its reservation with
respect to all the clauses and provisions relating to adoption in the
said Convention on the Rights of the Child.
"2) The Government
of the Republic of Maldives expresses its reservation to paragraph 1 of
article 14 of the said Convention on the Rights of the Child, since the
Constitution and the Laws of the Republic of Maldives stipulate that all
Maldivians should be Muslims."
Upon ratification:
Reservations
to articles 14 and 21.
Mali
Reservation:
The Government
of the Republic of Mali declares that, in view of the provisions of the
Mali Family Code, there is no reason to apply article 16 of the Convention.
Malta26
Mauritania
Upon signature:
Reservation:
In signing
this important Convention, the Islamic Republic of Mauritania is making
reservations to articles or provisions which may be contrary to the beliefs
and values of Islam, the religion of the Mauritania People and State.
Mauritius
Reservation:
"[Mauritius]
. . . with express reservation with regard to article 22 of the said Convention."
Monaco
Declaration:
The Principality
of Monaco declares that this Convention, especially article 7, shall not
affect the rules laid down in Monegasque legislation regarding nationality.
Reservation:
The Principality
of Monaco interprets article 40, paragraph 2 (b)(v) as stating
a general principle which has a number of statutory exceptions. Such,
for example, is the case with respect to certain criminal offences. In
any event, in all matters the Judicial Review Court rules definitively
on appeals against all decisions of last resort.
Morocco
Reservation:
The Kingdom
of Morocco, whose Constitution guarantees to all the freedom to pursue
his religious affairs, makes a reservation to the provisions of article
14, which accords children freedom of religion, in view of the fact that
Islam is the State religion.
Netherlands
Reservations:
"Article 26:
The Kingdom
of the Netherlands accepts the provisions of article 26 of the Convention
with the reservation that these provisions shall not imply an independent
entitlement of children to social security, including social insurance.
"Article 37:
The Kingdom
of the Netherlands accepts the provisions of article 37 (c) of the Convention
with the reservation that these provisions shall not prevent the application
of adult penal law to children of sixteen years and older, provided that
certain criteria laid down by law have been met.
"Article 40:
The Kingdom
of the Netherlands accepts the provisions of article 40 of the Convention
with the reservation that cases involving minor offences may be tried
without the presence of legal assistance and that with respect to such
offences the position remains that no provision is made in all cases for
a review of the facts or of any measures imposed as a consequence."
Declarations:
"Article 14:
It is the understanding
of the Government of the Kingdom of the Netherlands that article 14 of
the Convention is in accordance with the provisions of article 18 of the
International Covenant on Civil and Political Rights of 19 December 1966
and that this article shall include the freedom of a child to have or
adopt a religion or belief of his or her choice as soon as the child is
capable of making such choice in view of his or her age or maturity.
"Article 22:
With regard
to article 22 of the Convention, the Government of the Kingdom of the
Netherlands declares:
a) that it
understands the term "refugee" in paragraph 1 of this article as having
the same meaning as in article 1 of the Convention relating to the Status
of Refugees of 28 July 1951; and
b) that it
is of the opinion that the obligation imposed under the terms of this
article does not prevent
- the submission
of a request for admission from being made subject to certain conditions,
failure to meet such conditions resulting in inadmissibility;
- the referral
of a request for admission to a third State, in the event that such a
State is considered to be primarily responsible for dealing with the request
for asylum.
"Article 38
With regard
to article 38 of the Convention, the Government of the Kingdom of the
Netherlands declares that it is of the opinion that States would not be
allowed to involve children directly or indirectly in hostilities and
that the minimum age for the recruitment or incorporation of children
in the armed forces should be above fifteen years.
In times of
armed conflict, provisions shall prevail that are most conducive to guaranteeing
the protection of children under international law, as referred to in
article 41 of the Convention."
New Zealand
Reservations:
Nothing in
this Convention shall affect the right of the Government of New Zealand
to continue to distinguish as it considers appropriate in its law and
practice between persons accord ing to the nature of their authority to
be in New Zealand including but not limited to their entitlement to benefits
and other protections described in the Convention, and the Government
of New Zealand reserves the right to interpret and apply the Convention
accordingly.
The Government
of New Zealand considers that the rights of the child provided for in
article 32 (1) are adequately protected by its existing law. It therefore
reserves the right not to legislate further or to take additional measures
as may be envisaged in article 32 (2).
The Government
of New Zealand reserves the right not to apply article 37 (c) in circumstances
where the shortage of suitable facilities makes the mixing of juveniles
and adults unavoidable; and further reserves the right not to apply article
37 (c) where the interests of other juveniles in an establishment require
the removal of a particular juvenile offender or where mixing is considered
to be of benefit to the persons concerned.
Norway28
Reservations:
1. The words
"or to public safety" should be added in article 9 [, paragraph 4,] after
the words "unless the provision of the information would be detrimental
to the well-being of the child.
2. A reservation
is entered to all the provisions of the Convention that do not accord
with Islamic law or the legislation in force in the Sultanate and, in
particular, to the provisions relating to adoption set forth in its article
21.
3. The provisions
of the Convention should be applied within the limits imposed by the material
resources available.
4. The Sultanate
considers that article 7 of the Convention as it relates to the nationality
of a child shall be understood to mean that a child born in the Sultanate
of unknown parents shall acquire Oman nationality, as stipulated in the
Sultanate's Nationality Law.
5. The Sultanate
does not consider itself to be bound by those provisions of article 14
of the Convention that accord a child the right to choose his or her religion
or those of its article 30 that allow a child belonging to a religious
minority to profess his or her own religion.
Pakistan14,20
Poland
Reservations:
- With respect
to article 7 of the Convention, the Republic of Poland stipulates that
the right of an adopted child to know its natural parents shall be subject
to the limitations imposed by binding legal arrangements that enable adoptive
parents to maintain the confidentiality of the child's origin;
- The law of
the Republic of Poland shall determine the age from which call-up to military
or similar service and participation in military operations are permissible.
That age limit may not be lower than the age limit set out in article
38 of the Convention.
Declarations:
- The Republic
of Poland considers that a child's rights as defined in the Convention,
in particular the rights defined in articles 12 to 16, shall be exercised
with respect for parental authority, in accordance with Polish customs
and traditions regarding the place of the child within and outside the
family;
- With respect
to article 24, paragraph 2 (f), of the Convention, the Republic of Poland
considers that family planning and education services for parents should
be in keeping with the prin ciples of morality.
Reservation
made upon signature and confirmed upon ratification:
[The State
of Qatar] enter(s) a general reservation by the State of Qatar concerning
provisions incompatible with Islamic Law.
Republic of
Korea
Reservations:
The Republic
of Korea considers itself not bound by the provisions of paragraph 3 of
article 9, paragraph (a) of article 21 and sub-paragraph (b) (v) of paragraph
2 of article 40.
Samoa
Reservation:
"The Government
of Western Samoa whilst recognising the importance of providing free primary
education as specified under article 28 (1)(a) of the Convention on the
rights of the child
And being mindful
of the fact that the greater portion of schools within Western Samoa that
provide primary education are controlled by bodies outside the control
of the government
Pursuant then
to article 51, the Government of Western Samoa thus reserves the right
to allocate resources to the primary level sector of education in Western
Samoa in contrast to the requirement of article 28 (1)(a) to provide free
primary education."
Saudi Arabia16
Reservation:
[The Government
of Saudi Arabia enters] reservations with respect to all such articles
as are in conflict with the provisions of Islamic law.
Declarations:
"(1) The Republic
of Singapore considers that a child's rights as defined in the Convention,
in particular the rights defined in article 12 to 17, shall in accordance
with articles 3 and 5 be exercised with respect for the authority of parents,
schools and other persons who are entrusted with the care of the child
and in the best interests of the child and in accordance with the customs,
values and religions of Singapore's multi-racial and multi-religious society
regarding the place of the child within and outside the family.
(2) The Republic
of Singapore considers that articles 19 and 37 of the Convention do not
prohibit -
(a) the application
of any prevailing measures prescribed by law for maintaining law and order
in the Republic of Singapore;
(b) measures
and restrictions which are prescribed by law and which are necessary in
the interests of national security, public safety, public order, the protection
of public health or the protection of the rights and freedoms of others;
or
(c) the judicious
application of corporal punishment in the best interest of the child.
Reservations:
(3) The Constitution
and the laws of the Republic of Singapore provide adequate protection
and fundamental rights and liberties in the best interests of the child.
The accession to the Convention by the Republic of Singapore does not
imply the acceptance of obligations going beyond the limits prescribed
by the Constitution of the Republic of Singapore nor the acceptance of
any obligation to introduce any right beyond those prescribed under the
Constitution.
(4) Singapore
is geographically one of the smallest independent countries in the world
and one of the most densely populated. The Republic of Singapore accordingly
reserves the right to apply such legislation and conditions concerning
the entry into, stay in and departure from the Republic of Singapore of
those who do not or who no longer have the right under the laws of the
Republic of Singapore, to enter and remain in the Republic of Singapore,
and to the acquisition and possession of citizenship, as it may deem necessary
from time to time and in accordance with the laws of the Republic of Singapore.
(5) The employment
legislation of the Republic of Singapore prohibits the employment of children
below 12 years old and gives special protection to working children between
the ages of 12 years and below the age of 16 years. The Republic of Singapore
reserves the right to apply article 32 subject to such employment legislation.
(6) With respect
to article 28.1(a), the Republic of Singapore-
(a) does not
consider itself bound by the requirement to make primary education compulsory
because such a measure is unnecessary in our social context where in practice
virtually all children attend primary school; and
(b) reserves
the right to provide primary education free only to children who are citizens
of Singapore."
Slovakia5
Slovenia
Reservation:
"The Republic
of Slovenia reserves the right not to apply paragraph 1 of article 9 of
the Convention since the internal legislation of the Republic of Slovenia
provides for the right of competent authorities (centres for social work)
to determine on separ ation of a child from his/her parents without a
previous judicial review."
Spain
Declarations:
1. Spain understands
that article 21, paragraph (d), of the Convention may never be construed
to permit financial benefits other than those needed to cover strictly
necessary expenditure which may have arisen from the adoption of children
residing in another country.
2. Spain, wishing
to make common cause with those States and humanitarian organizations
which have manifested their disagreement with the contents of article
38, paragraphs 2 and 3, of the Convention, also wishes to express its
disagreement with the age limit fixed therein and to declare that the
said limit appears insufficient, by permitting the recruitment and participation
in armed conflict of children having attained the age of fifteen years.
Swaziland
Declaration:
"The Convention
on the Rights of the Child being a point of departure to guarantee child
rights; taking into consideration the progressive character of the implementation
of certain social, economic and cultural rights; as recognized in article
4 of the Convention, the Government of the Kingdom of Swaziland would
undertake the implementation of the right to free primary education to
the maximum extent of available resources and expects to obtain the co-operation
of the international Community for its full satisfaction as soon as possible."
Switzerland
Declaration:
Switzerland
refers expressly to the obligations of all States to apply the rules of
international humanitarian law and national law to the extent that they
ensure better protection and care of children who are affected by an armed
conflict.
(a) Reservation
concerning article 5:
The Swiss legislation
concerning parental authority is unaffected.
(b) Reservation
concerning article 7:
The Swiss legislation
on nationality, which does not grant the right to acquire Swiss nationality,
is unaffected.
(c) Reservation
concerning article 10, paragraph 1:
Swiss legislation,
which does not guarantee family reunification to certain categories of
aliens, is unaffected.
(d) Reservation
concerning article 37(c):
The separation
of children deprived of liberty from adults is not unconditionally guarantied.
(e) Reservation
concerning article 40:
The Swiss penal
procedure applicable to children, which does not guarantee either the
unconditional right to assistance or separation, where personnel or organization
is concerned, between the examining authority and the sentencing authority,
is unaffected.
The federal
legislation concerning the organization of criminal justice, which establishes
an exception to the right to a conviction and sentence being reviewed
by a higher tribunal where the person concerned was tried by the highest
tribunal at first instance, is unaffected.
The guarantee
of having the free assistance of an interpreter does not exempt the beneficiary
from the payment of any resulting costs.
Syrian Arab
Republic14,20
Reservations:
The Syrian
Arab Republic has reservations on the Convention's provisions which are
not in conformity with the Syrian Arab legislations and with the Islamic
Shariah's principles, in particular the content of article (14) related
to the Right of the Child to the freedom of religion, and articles 2 and
21 concerning the adoption.
Thailand13
Reservation:
"The application
of articles 7, 22 .... of the Convention on the Rights of the Child shall
be subject to the national laws, regulations and prevailing practices
in Thailand."
Tunisia33
Declarations:
1. The Government
of the Republic of Tunisia declares that it shall not, in implementation
of this Convention, adopt any legislative or statutory decision that conflicts
with the Tunisian Constitution.
...
3. The Government
of the Republic of Tunisia declares that the Preamble to and the provisions
of the Convention, in particular article 6, shall not be interpreted in
such a way as to impede the application of Tunisian legislation concerning
voluntary termination of pregnancy.
Reservations:
1. The Government
of the Republic of Tunisia enters a reservation with regard to the provisions
of article 2 of the convention, which may not impede implementation of
the provisions of its national legislation concerning personal status,
particularly in relation to marriage and inheritance rights.
...
3. The Government
of the Republic of Tunisia considers that article 7 of the Convention
cannot be interpreted as prohibiting implementation of the provisions
of national legislation relating to nationality and, in particular, to
cases in which it is forfeited.
Turkey
Reservation
made upon signature and confirmed upon ratification:
The Republic
of Turkey reserves the right to interpret and apply the provisions of
articles 17, 29 and 30 of the United Nations Convention on the Rights
of the Child according to the letter and the spirit of the Constitution
of the Republic of Turkey and those of the Treaty of Lausanne of 24 July
1923.
United Arab
Emirates34
Reservations:
Article 7:
The United
Arab Emirates is of the view that the acquisition of nationality is an
internal matter and one that is regulated and whose terms and conditions
are established by national legislation.
Article 14:
The United
Arab Emirates shall be bound by the tenor of this article to the extent
that it does not conflict with the principles and provisions of Islamic
law.
Article 17:
While the United
Arab Emirates appreciates and respects the functions assigned to the mass
media by the article, it shall be bound by its provisions in the light
of the requirements of domestic statues and laws and, in accordance with
the recognition accorded them in the preamble to the Convention, such
a manner that the country's traditions and cultural values are not violated.
Article 21:
Since, given
its commitment to the principles of Islamic law, the United Arab Emirates
does not permit the system of adoption, it has reservations with respect
to this article and does not deem it necesary to be bound by its provisions.
United Kingdom
of Great Britain and Northern Ireland11,35
Upon signature:
"The United
Kingdom reserves the right to formulate, upon ratifying the Convention,
any reservations or interpretative declarations which it might consider
necessary."
Upon ratification:
Declarations:
"(a) The United
Kingdom interprets the Convention as appli cable only following a live
birth.
"(b) The United
Kingdom interprets the references in the Convention to `parents' to mean
only those persons who, as a matter of national law, are treated as parents.
This includes cases where the law regards a child as having only one parent,
for example where a child has been adopted by one person only and in certain
cases where a child is conceived other than as a result of sexual intercourse
by the woman who gives birth to it and she is treated as the only parent.
Reservations:
"(c) The United
Kingdom reserves the right to apply such legislation, in so far as it
relates to the entry into, stay in and departure from the United Kingdom
of those who do not have the right under the law of the United Kingdom
to enter and remain in the United Kingdom, and to the acquisition and
possession of citizenship, as it may deem necessary from time to time
...
"(e) Where
at any time there is a lack of suitable accommodation or adequate facilities
for a particular individual in any institution in which young offenders
are detained, or where the mixing of adults and children is deemed to
be mutually beneficial, the United Kingdom reserves the right not to apply
article 37 (c) in so far as those provisions require children who
are detained to be accommodated separately from adults.
. . .
Declaration:
"The United
Kingdom reserves the right to extend the Convention at a later date to
any territory for whose international relations the Government of the
United Kingdom is responsible."
7 September
1994
Declarations:
"The United
Kingdom refers to the reservation and declarations (a), (b) and (c) which
accompanied its instrument of ratification and makes a similar reservation
and declarations in respect to each of its dependent territories.
The United
Kingdom, in respect of each of its dependent territories except Hong Kong
and Pitcairn, reserves the right to apply article 32 subject to the laws
of those territories which treat certain persons under 18 not as children
but as `young people'. In respect of Hong Kong, the United Kingdom reserves
the right not to apply article 32 (b) in so far as it might require regulation
of the hours of employment of young persons who have attained the age
of fifteen years in respect of work in non-industrial establishments.
Where at any
time there is a lack of suitable detention facilities or where the mixing
of adults and children is deemed to be mutually beneficial, the United
Kingdom, in respect of each of its dependent territories, reserves the
right not to apply article 37 (c) in so far as those provisions require
children who are detained to be accommodated separately from adults.
The United
Kingdom, in respect of Hong Kong and the Cayman Islands, will seek to
apply the Convention to the fullest extent to children seeking asylum
in those territories except in so far as conditions and resources make
full implementation impracticable. In particular, in relation to article
22, the United Kingdom reserves the right to continue to apply any legislation
in those territories governing the detention of children seeking refugee
status, the determination of their status and their entry into, stay in
and departure from those territories.
The Government
of the United Kingdom reserves the right to extend the Convention at a
later date to any other territories for whose international relations
the Government of the United Kingdom is responsible."
Uruguay
Upon signature:
Declaration:
On signing
this Convention, Uruguay reaffirms the right to make reservations upon
ratification, if it considers it appropriate.
Upon ratification:
Reservation:
The Government
of the Eastern Republic of Uruguay affirms, in regard to the provisions
of article 38, paragraphs 2 and 3, that in accordance with Uruguayan law
it would have been desirable for the lower age limit for taking a direct
part in hostilities in the event of an armed conflict to be set at 18
years instead of 15 years as provided in the Convention.
Furthermore,
the Government of Uruguay declares that, in the exercise of its sovereign
will, it will not authorize any persons under its jurisdiction who have
not attained the age of 18 years to take a direct part in hostilities
and will not under any circumstances recruit persons who have not attained
the age of 18 years.
Venezuela
Interpretative declarations:
1. A ticle
21 (b):
The Government
of Venezuela understands this provision as referring to international
adoption and in no circumstances to placement in a foster home outside
the country. It is also its view that the provision cannot be interpreted
to the detriment of the State's obligation to ensure due protection of
the child.
2. Article
21 (d):
The Government
of Venezuela takes the position that neither the adoption nor the placement
of children should in any circumstances result in financial gain for those
in any way involved in it.
3. Article
30:
The Government
of Venezuela takes the position that this article must be interpreted
as a case in which article 2 of the Convention applies.
Yugoslavia
(former)3
Yugoslavia36
Objections
(Unless
otherwise indicated, the objections were made upon ratification, acceptance,
accession or succession.)
Austria
18 June 1996
With regard
to the reservations made by Malaysia upon accession:
"Under article
19 of the Vienna Convention on the Law of Treaties which is reflected
in article 51 of the [Convention] a reservation, in order to be admissible
under international law, has to be compatible with the object and purpose
of the treaty concerned. A reservation is incompatible with object and
purpose of a treaty if it intends to derogate from provisions the implementation
of which is essential to fulfilling its object and purpose.
The Government
of Austria has examined the reservation made by Malaysia to the [Convention].
Given the general character of these reservations a final assessment as
to its admissibility under international law cannot be made without further
clarification.
Until the scope
of the legal effects of this reservation is sufficiently specified by
Malaysia, the Republic of Austria considers these reservations as not
affecting any provision the implementation of which is essential to fulfilling
the object and purpose of the [Convention].
Austria, however,
objects to the admissibility of the reservations in question if the application
of this reservation negatively affects the compliance of Malaysia ...
with its obligations under the [Convention] essential for the fulfilment
of its object and purpose.
Austria could
not consider the reservation made by Malaysia ... as admissible under
the regime of article 51 of the [Convention] and article 19 of the Vienna
Convention on the Law of Treaties unless Malaysia ... , by providing additional
information or through subsequent practice to ensure [s] that the reservations
are compatible with the provisions essential for the implementation of
the object and purpose of the [Convention]".
3 March 1997
With regard
to the reservations made by Brunei Darussalam, Kiribati and Saudi Arabia
upon accession:
[Same objection,
mutatis mutandis, as the one made with regard to Malaysia.]
Belgium
26 September
1996
With regard
to the reservations made by Singapore upon ratification:
The Government
considers that paragraph 2 of the declarations, concerning articles 19
and 37 of the Convention and paragraph 3 of the reservations, concerning
the constitutional limits upon the acceptance of the obligations contained
in the Convention, are contrary to the purposes of the Convention and
are consequently without effect under international law.
Czech Republic5
Denmark
10 February
1997
With regard
to the reservation made by Brunei Darussalam upon accession:
"The Government
of Denmark finds that the general reservation with reference to the Constitution
of Brunei Darussalam and to the beliefs and principles of Islamic law
is of unlimited scope and undefined character. Consequently, the Government
of Denmark considers the said reservation as being incompatible with the
object and purposes of the Convention and accordingly inadmissible and
without effect under international law. Furthermore, it is a general principle
of international law that national law may not be invoked as justification
for failure to perform treaty obligations.
The Convention
remains in force in its entirety between Brunei Darussalam and Denmark.
It is the opinion
of the Government of Denmark, that no time limit applies to objections
against reservations, which are inadmissible under international law.
The Government
of Denmark recommends the Government of Brunei Darussalam to reconsider
its reservation to the Convention on the Rights of the Child."
With regard
to the reservation made by Saudi Arabia upon accession:
[Same objection,
mutatis mutandis, as the one made with regard to Brunei Darussalam.]
Finland
25 July 1991
With regard
to the reservation made by Indonesia upon ratification concerning articles
1, 14, 16, 17, 21, 22 and 29:
"In the view
of the Government of Finland this reservation is subject to the general
principle of treaty interpretation according to which a party may not
invoke the provisions of its internal law as justification for failure
to perform a treaty. For the above reason the Government of Finland objects
to the said reservation. However, the Government of Finland does not consider
that this objection constitutes an obstacle to the entry into force of
the said Convention between Finland and the Republic of Indonesia."
Subsequently,
the Secretary-General received, from the Government of Finland, objections
of the same nature as the one above with regard to reservations made by
the following States on the dates indicated hereinafter:
- 25 July 1991:
with regard to the reservation made by Pakistan upon signature and confirmed
upon ratification;
- 9 June 1993:
with regard to the reservation made by Qatar upon signature;
- 24 June 1994:
with regard to the reservations made by the Syrian Arab Republic upon
ratification;
- 5 September
1995: with regard to the reservation made by Iran (Islamic Republic of)
upon ratification.
14 June 1996
With regard
to the reservations made by Malaysia upon accession:
"The reservation
made by Malaysia covers several central provisions of the [said Convention].
The broad nature of the said reservation leaves open to what extent Malaysia
commits itself to the Convention and to the fulfilment of its obligations
under the Convention. In the view of the Government of Finland reservations
of such comprehensive nature may contribute to undermining the basis of
international human rights treaties.
The Government
of Finland also recalls that the said reservation is subject to the general
principle of the observance of the treaties according to which a party
may not invoke its internal law, much less its national policies, as justification
for its failure to perform its treaty obligations. It is in the common
interest of the States that contracting parties to international treaties
are prepared to undertake the necessary legislative changes in order to
fulfil the object and purpose of the treaty. Moreover, the internal legislation
as well as the national policies are also subject to changes which might
further expand the unknown effects of the reservation.
In its present
formulation the reservation is clearly incompatible with the object and
purpose of the Convention and therefore inadmissible under article 51,
paragraph 2, of the [said Convention]. Therefore the Government of Finland
objects to such reservation. The Government of Finland further notes that
the reservation made by the Government of Malaysia is devoid of legal
effect.
The Government
of Finland recommends the Government of Malaysia to reconsider its reservation
to the [said Convention]."
With regard
to the reservations made by Qatar upon ratification:
[Same objection,
mutatis mutandis, as the one made with regard to Malaysia.]
26 November
1996
With regard
to the reservations made by Singapore upon accession:
"The reservations
made in paragraphs 2 and 3 by the Republic of Singapore, consisting of
a general reference to national law without stating unequivocally the
provisions the legal effect of which may be excluded or modified, do not
clearly define to the other Parties of the Convention the extent to which
the reserving State commits itself to the Convention and therefore create
doubts about the commitment of the reserving State to fulfil its obligations
under the said Convention. Reservations of such unspecified nature may
contribute to undermining the basis of international human rights treaties.
The Government
of Finland also recalls that these reservations of the Republic of Singapore
are subject to the general principle of observance of treaties according
to which a party may not invoke the provisions of its internal law as
justification for failure to perform its treaty obligations. It is in
the common interest of States that Parties to international treaties are
prepared to take the necessary legislative changes in order to fulfil
the object and purpose of the treaty.
The Government
of Finland considers that in their present formulation these reservations
made by the Republic of Singapore are incompatible with the object and
purpose of the said Convention and therefore, inadmissible under article
51, paragraph 2, of the said Convention. In view of the above, the Government
of Finland objects to these reservations and notes that they are devoid
of legal effect"
6 February
1998
With regard
to the reservations made by Oman upon accession:
[Same objection,
mutatis mutandis, as the one made with regard to Singapore.]
Germany37
25 June 1992
With regard
to the reservations made by Myanmar upon accession:
The Federal
Republic of Germany considers that the reservations made by the Union
of Myanmar regarding articles 15 and 37 of the Convention on the Rights
of the Child are incompatible with the object and purpose of the Convention
(article 51, paragraph 2) and therefore objects to them.
This objection
shall not preclude the entry into force of the Convention as between the
Union of Myanmar and the Federal Republic of Germany.
17 March 1993
With regard
to the reservations made by Tunisia upon ratification:
The Federal
Republic of Germany considers the first of the declarations deposited
by the Republic of Tunisia to be a reservation. It restricts the application
of the first sentence of article 4 to the effect that any national
legislative or statutory decisions adopted to implement the Convention
may not conflict with the Tunisian Constitution. Owing to the very general
wording of this passage the Government of the Federal Republic of Germany
is unable to perceive which provisions of the Convention are covered,
or may be covered at some time in the future, by the reservation and in
what manner. There is a similar lack of clarity with regard to the reservation
relating to article 2.
The Government
of the Federal Republic of Germany therefore objects to both these reservations.
This objection does not prevent the Convention from entering into force
as between the Federal Republic of Germany and the Republic of Tunisia.
21 September
1994
With regard
to the reservation made by the Syrian Arab Republic upon ratification:
This reservation,
owing to its indefinite nature, does not meet the requirements of international
law. The Government of the Federal Republic of Germany therefore objects
to the reservation made by the Syrian Arab Republic.
This objection
shall not preclude the entry into force of the Convention as between the
Syrian Arab Republic and the Federal Republic of Germany.
11 August 1995
With regard
to the reservation made by Iran (Islamic Republic) upon ratification:
[Same objection,
mutatis mutandis, as the one made with regard to the Syrian Arab Republic.]
20 March 1996
With regard
to the reservations made by Malaysia upon accession and Qatar upon ratification:
The Government
of the Federal Republic of Germany considers that such a reservation,
which seeks to limit the responsibilities of [Malaysia and Qatar, respectively]
under the Convention by invoking general principles of national law, may
raise doubts as to the commitment of [Malaysia and Qatar, respectively]
to the object and purpose of the Convention and, moreover, contributes
to undermining the basis of international treaty law. It is the common
interest of states that treaties to which they have chosen to become parties
should be respected, as to object and purpose, by all parties. The Government
of the Federal Republic of Germany therefore objects to the said reservation.
This objection
does not constitute an obstacle to the entry into force of the Convention
between the Federal Republic of Germany and [Malaysia and Qatar, respectively].
Subsequently,
the Secretary-General received, from the Government of Germany, objections
of the same nature as the one above with regard to reservations made by
the following States on the dates indicated hereinafter:
- 13 June 1996:
with regard to the reservation made by Botswana upon ratification;
- 4 September
1996: with regard to the reservations made by Singapore upon accession;
- 12 February
1997: with regard to the reservations made by Brunei Darussalam and Saudi
Arabia upon accession.
- 28 January
1998: with regard to the reservations made by Oman upon accession.
Ireland
With regard
to the reservations made by Bangladesh, Djibouti, Indonesia, Jordan, Kuwait
and Tunisia upon ratification, by Myanmar and Thailand upon accession,
by Pakistan upon signature and confirmed upon ratification, and by Turkey
upon signature:
"The Government
of Ireland consider that such reservations, which seek to limit the responsibilities
of the reserving State under the Convention, by invoking general principles
of national law, may create doubts as to the commitment of those States
to the object and purpose of the Convention."
"This objection
shall not constitute an obstacle to the entry into force of the Convention
between Ireland and the aforementioned States."
5 September
1995
With regard
to the reservation made by Iran (Islamic Republic of) upon ratification:
"The reservation
poses difficulties for the States Parties to the Convention in identifying
the provisions of the Convention which the Islamic Government of Iran
does not intend to apply and consequently makes it difficult for States
Parties to the Convention to determine the extent of their treaty relations
with the reserving State.
The Government
of Ireland hereby formally makes objection to the reservation by the Islamic
Republic of Iran."
26 June 1996
With regard
to the reservation made by Malaysia upon accession:
"Ireland considers
that this reservation is incompatible with the object and purpose of the
Convention and is therefore prohibited by article 51 (2) of the Convention.
The Government of Ireland also considers that it contributes to undermining
the basis of international treaty law. The Government of Ireland therefore
objects to the said reservation.
13 March 1997
With regard
to the reservation made by Saudi Arabia upon accession:
[Same objection,
mutatis mutandis, as the one made with regard to Malaysia.]
Italy
18 July 1994
With regard
to the reservations made by the Syrian Arab Republic upon ratification:
"... This reservation
is too comprehensive and too general as to be compatible with the object
and purpose of the Convention. The Government of Italy therefore objects
to the reservation made by the Syrian Arab Republic.
This objection
shall not preclude the entry into force of the Convention as between the
Syrian Arab Republic and Italy."
14 June 1996
With regard
to the reservations made by Qatar upon ratification:
"The Government
of the Italian Republic considers that such a reservation, which seeks
to limit the responsibilities of Qatar under the Convention by invoking
general principles of national law, may raise doubts as to the commitment
of Qatar to the object and purpose of the Convention and, moreover, contributes
to undermining the basis of international treaty law. It is common interest
of States that treaties to which they have chosen to become Parties should
be respected, as to the objects and the purpose, by all Parties. The Government
of the Italian Republic therefore objects to this reservation. This objection
does not constitute an obstacle to the entry into force of the Convention
between the Government of the Italian Republic and the State of Qatar."
Subsequently,
the Secretary-General received, from the Government of Italy, objections
of the same nature as the one above with regard to reservations made by
the following States on the dates indicated hereinafter:
- 14 June 1996:
with regard to the reservation made by Botswana upon ratification;
- 4 October
1996: with regard to the reservation made by Singapore upon accession;
- 23 December
1996: with regard to the reservation made by Brunei Darussalam upon accession;
- 2 April 1998:
with regard to the reservation to articles 14, 17 and 21 made by
the United Arab Emirates upon accession.
Netherlands
With regard
to the reservations made by Djibouti, Indonesia, Iran (Islamic Republic
of), Pakistan and the Syrian Arab Republic upon ratification:
"The Government
of the Kingdom of the Netherlands considers that such reservations, which
seek to limit the responsibilities of the reserving State under the Convention
by invoking general principles of national law, may raise doubts as to
the commitment of these States to the object and purpose of the Convention
and moreover, contribute to undermining the basis of international treaty
law. It is in the common interest of States that treaties to which they
have chosen to become parties should be respected, as to object and purpose,
by all parties. the Government of the Kingdom of the Netherlands therefore
objects to these reservations.
This objection
does not constitute an obstacle to the entry into force of the Convention
between the Kingdom of the Netherlands and the aformentioned States."
Subsequently,
the Secretary-General received, from the Government of the Netherlands,
objections of the same nature as the one above with regard to reservations
made by the following States on the dates indicated hereinafter:
- 11 June 1996:
with regard to the reservation made by Qatar upon ratification;
- 14 June 1996:
with regard to the reservation made by Botswana upon accession and Turkey
upon ratification;
- 25 June 1996:
with regard to the reservation made by Malaysia upon accession;
- 6 November
1996: with regard to the reservations made by Singapore upon accession;
- 3 March 1997:
with regard to the reservations made by Liechtenstein upon ratification
and Brunei Darussalam, Kiribati and Saudi Arabia upon accession;
- 6 March 1997:
with regard to the declaration made by Andorra upon ratification;
- 10 February
1998: with regard to the reservations made by Oman upon accession.
- 6 April 1998:
with regard to the reservation made to article 14 by the United Arab Emirates
upon accession. Moreover, the Government of the Netherlands made the following
declaration with regard to the reservation made by the Government of the
United Arab Emirates with respect to article 7: "The Government of the
Kingdom of the Netherlans assumes that the United Arab Emirates shall
ensure the implementation of the rights mentioned in article 7, first
paragraph, of [the Convention] not only in accordance with its national
law but also with its obligations under the relevant international instrument
in this field."
Norway
30 December
1991
With regard
to the declaration made by Djibouti upon ratification:
"A reservation
by which a State party limits its responsibilities under the Convention
by invoking general principles of national law may create doubts about
the commitments of the reserving state to the object and purpose of the
Convention and, moreover, contribute to undermining the basis of international
treaty law. It is in the common interest of states that treaties to which
they have chosen to become parties also are respected, as to object and
purpose, by all parties. The Government of Norway, therefore, objects
to this reservation.
"This objection
shall not constitute an obstacle to the entry into force of the Convention
between Norway and the Republic of Djibouti."
Subsequently,
the Secretary-General received, from the Government of Norway, objections
of the same nature as the one above with regard to reservations made by
the following States on the dates indicated hereinafter:
- 30 December
1991: with regard to the reservation made by Indonesia upon ratification
concerning articles 1, 14, 16, 17, 21, 22 and 29 and with regard to the
reservation made by Pakistan upon signature and confirmed upon ratification;
- 25 October
1994: with regard to the reservation made by the Syrian Arab Republic
upon ratification;
- 5 September
1995: with regard to the reservation made by Iran (Islamic Republic of)
upon ratification.
14 June 1996
With regard
to the declaration made by Qatar upon ratification:
"The Government
of Norway considers that the reservation made by the State of Qatar, due
to its unlimited scope and undefined character, is inadmissible under
international law. For that reason, the Government of Norway objects to
the reservation made by the State of Qatar.
The Government
of Norway does not consider this objection to preclude the entry into
force of the Convention between the Kingdom of Norway and the State of
Qatar."
27 June 1996
With regard
to the reservation made by Malaysia upon ratification:
"The Government
of Noway considers that the reservation made by the Government of Malaysia,
due to its very broad scope and undefined character, is incompatible with
the object and purpose of the Convention, and thus not permitted under
article 51, paragraph 2, of the Convention. Moreover, the Government of
Norway considers that the monitoring system established under the Convention
is not optional and that, accordingly, reservations with respect to articles
44 and 45 of the Convention are not permissible. For these reasons, the
Government of Norway objects to the reservation made by the Government
of Malaysia.
The Government
of Norway does not consider this objection to preclude the entry into
force of the Convention between the Kingdom of Norway and Malaysia."
29 November
1996
With regard
to the reservation and declaration made by Singapore upon accession:
"The Government
of Norway considers that reservation (3) made by the Republic of Singapore,
due to its unlimited scope and undefined character, is contrary to the
object and purpose of the Convention, and thus impermissible under article
51, paragraph 2, of the Convention.
Furthermore,
the Government of Norway considers that declaration (2) made by the Republic
of Singapore, in so far as it purports to exclude or to modify the legal
effect of articles 19 and 37 of the Convention, also constitutes a reservation
impermissible under the Convention, due to the fundamental nature of the
rights concerned and the unspecified reference to domestic law.
For these reasons,
the Government of Norway objects to the said reservations made by the
Government of Singapore.
The Government
of Norway does not consider this objection to preclude the entry into
force of the Convention between the Kingdom of Norway and the Republic
of Singapore."
4 March 1997
With regard
to the reservation made by Brunei Darussalam upon accession:
[Same objection,
mutatis mutandis, as the one made with regard to Qatar.]
13 March 1997
With regard
to the reservation made by Saudi Arabia upon accession:
[Same objection,
mutatis mutandis, as the one made with regard to Malaysia.]
9 February
1998
With regard
to the reservations made by Oman upon accession:
[Same objection,
mutatis mutandis, as the one made with regard to Singapore.]
Portugal
15 July 1992
With regard
to the reservations made by Myanmar upon accession, by Bangladesh, Djibouti,
Indonesia, Kuwait and Pakistan upon ratification and by Turkey upon signature:
"The Government
of Portugal considers that reservations by which a State limits its responsibilities
under the Convention by invoking general principles of National Law may
create doubts on the commitments of the reserving State to the object
and purpose of the Convention and, moreover, contribute to undermining
the basis of International Law. It is in the common interest of States
that treaties to which they have chosen to become parties also are respected,
as to object and purpose, by all parties. The Government of Portugal therefore
objects to the reservations.
This objection
shall not constitute an obstacle to the entry into force of the Convention
between Portugal and Myanmar.
The Government
of Portugal furthermore notes that, as a matter of principle, the same
objection could be made to the reservations presented by Bangladesh, Djibouti,
Indonesia, Kuwait, Pakistan and Turkey."
Subsequently,
the Secretary-General received, from the Government of the Portugal, objections
of the same nature as the one above with regard to reservations made by
the following States on the dates indicated hereinafter:
- 13 December
1994: with regard to the reservation made by Islamic Republic of Iran
upon ratification;
- 4 December
1995: with regard to the reservation made by Malaysia upon accession;
- 11 January
1996: with regard to the reservation made by Qatar upon ratification;
- 30 January
1997: with regard to reservations made by Brunei Darussalam, Kiribati
and Saudi Arabia upon accession.
Slovakia5
9 August 1993
With regard
to the reservation made by Qatar upon signature:
"The Slovak
Republic regards the general reservation made by the State of Qatar upon
signature of the Convention as incompatible with the object and purpose
of the said Convention as well as in contradiction with the well established
principle of the Law of Treaties according to which a State cannot invoke
the provisions of its internal law as justification for its failure to
perform a treaty. Therefore, the Slovak Republic objects to the said general
reservation."
Sweden
20 September
1991
With regard
to the reservation made by Indonesia upon ratification concerning articles
1, 14, 16, 17, 21, 22 and 29:
"A reservation
by which a State party limits its responsibilities under the Convention
by invoking general principles of national law may cast doubts on the
commitments of the reserving state to the object and purpose of the Convention
and, moreover, contribute to undermining the basis of international treaty
law. It is in the common interest of states that treaties to which they
have chosen to become parties also are respected, as to object and purpose,
by all parties. The Government of Sweden therefore objects to the reservations.
"This objection
does not constitute an obstacle to the entry into force of the Convention
between Sweden and the Republic of Indonesia."
Subsequently,
the Secretary-General received, from the Government of Sweden, objections
of the same nature as the one above with regard to reservations made by
the following States on the dates indicated hereinafter:
- 20 September
1991: with regard to the first reservation made by Pakistan upon ratification;
- 26 August
1992: with regard to the reservations made by Jordan upon ratification
concerning articles 14, 20 and 21;
- 29 March
1994: with regard to the reservations made by the Syrian Arab Republic
upon ratification;
- 1 September
1995: with regard to the reservation made by Iran (Islamic Republic of)
upon ratification;
- 26 June 1996:
with regard to the reservations made by Malaysia upon accession;
- 18 March
1997: with regard to the reservation made by Saudi Arabia upon accession;
- 9 February
1998: with regard to the reservation made by Oman upon accession.
NOTES
1. In the four months following the communication of
the proposal of amendment, less than one third of the States Parties indicated
that they favoured a conference of States Parties for the purpose of considering
and voting upon the proposals in accordance with article 50 (1) of the
Convention. Consequently the conference referred to in article 50
(1) of the Convention was not convened.
2. Official Records of the General Assembly, Forty-fourth
Session, Supplement No. 49 (A/44/49), p. 166.
3. The former Yugoslavia had signed and ratified the
Convention on 26 January 1990 and 3 January 1991, respectively, with the
following reservation:
Reservation:
"The competent
authorities (ward authorities) of the Socialist Federal Republic of Yugoslavia
may, under article 9, paragraph 1 of the Convention, make decisions to
deprive parents of their right to raise their children and give them an
upbringing without prior judicial determination in accordance with the
internal legislation of the SFR of Yugoslavia."
See also notes
1 regarding "Bosnia and Herzegovina", "Croatia", "former Yugoslavia",
"Slovenia", "The Former Yugoslav Republic of Macedonia" and "Yugoslavia"
in the "Historical Information" section in the front matter of this volume.
4. On 10 June 1997, the Governments of China and the
United Kingdom of Great Britain and Northern Ireland notified the Secretary-General
of the following:
[Same notifications
as those made under note 5 in chapter IV.1.]
In addition,
the notification made by the Government of China contained the following
declaration:
1. The Government
of the People's Republic of China, on behalf of the Hong Kong Special
Administrative Region, interprets the Convention as applicable only following
a live birth.
2. The Government
of the People's Republic of China reserves, for the Hong Kong Special
Administrative Region, the right to apply such legislation, in so far
as it relates to the entry into, stay in and departure from the Hong Kong
Special Administrative Region of those who do not have the right under
the laws of the Hong Kong Special Administrative Region to enter and remain
in the Hong Kong Special Administrative Region, and to the acquisition
and possession of residentship as it may deem necessary from time to time.
3. The Government
of the People's Republic of China interprets, on behalf of the Hong Kong
Special Administrative Region, the references in the Convention to "parents"
to mean only those persons who, under the laws of the Hong Kong Special
Administrative Region, are treated as parents. This includes cases where
the laws regard a child as having only one parent, for example where a
child has been adopted by one person only and in certain cases where a
child is conceived other than as a result of sexual intercourse by the
woman who gives birth to it and she is treated as the only parent.
4. The Government
of the People's Republic of China reserves, for the Hong Kong Special
Administrative Region, the right not to apply article 32 (2) (b) of the
Convention in so far as it might require regulation of the hours of employment
of young persons who have attained the age of fifteen years in respect
of work in non-industrial establishments.
5. The Government
of the People's Republic of China, on behalf of the Hong Kong Special
Administrative Region, seeks to apply the Convention to the fullest extent
to children seeking asylum in the Hong Kong Special Administrative Region
except in so far as conditions and resources make full implementation
impracticable. In particular, in relation to article 22 of the Convention
the Government of the People's Republic of China reserves the right to
continue to apply legislation in the Hong Kong Special Administrative
Region governing the detention of children seeking refugee status, the
determination of their status and their entry into, stay in and departure
from the Hong Kong Special Administrative Region.
6. Where at
any time there is a lack of suitable detention facilities, or where the
mixing of adults and children is deemed to be mutually beneficial, the
Government of the People's Republic of China reserves, for the Hong Kong
Special Administrative Region, the right not to apply article 37 (c) of
the Convention in so far as those provisions require children who are
detained to be accommodated separately from adults.
5. Czechoslovakia had signed and ratified the Convention
on 30 September 1990 and 7 January 1991, respectively, with the following
declaration in respect of article 7 (1):
"In cases of
irrevocable adoptions, which are based on the principle of anonymity of
such adoptions, and of artificial fertilization, where the physician charged
with the operation is required to ensure that the husband and wife on
one hand and the donor on the other hand remain unknown to each other,
the non-communication of a natural parent's name or natural parents' names
to the child is not in contradiction with this provision."
By a communication
received on 7 June 1991, the Government of Czechoslovakia had made the
following objections with regard to the reservation made by Kuwait upon
signature:
"These reservations
are incompatible with the object and purpose of the Convention. In the
opinion of the Czechoslovak Government the said reservations are in contradiction
to the generally recognized principle of international law according to
which a state cannot invoke the provisions of its own internal law as
justification for its failure to perform a treaty. Therefore the Czech
and Slovak Federal Republic does not recognize these reservations as valid."
See also notes
1 regarding "Czech Republic" and "Slovakia" in the "Historical Information"
section in the front matter of this volume.
6. The German Democratic Republic had signed and ratified
the Convention on 7 March 1990 and 2 October 1990, respectively. See also
note 2 regarding "Germany" in the "Historical Information" section in
the front matter of this volume.
7. For the Kingdom in Europe.
Subsequently,
on 17 December 1997, the Government of the Netherlands informed the Secretary-General
that it had decided to accept the Convention on behalf of the Netherlands
Antilles subject to the following reservations and declarations:
Reservations:
"Article 26:
The Kingdom
of the Netherlands accepts the provisions of article 26 of the Convention
with the reservation that these provisions shall not imply an independent
entitlement of children to social security, including insurance.
Article 37:
The Kingdom
of the Netherlands accepts the provisions of article 37(c) of the Convention
with the reservation that these provisions shall not prevent :
- the application
of adult penal law to children of sixteen years and older, provided that
certain criteria laid down by law have been met;
- that a child
which has been detained will not always be accommodated separately from
adults; if the number of children that has to be detained at a certain
time is unexpectedly large, (temporary) accommodations together with adults
may be unavoidable.
Article 40:
The Kingdom
of the Netherlands accepts the provisions of article 40 of the Convention
with the reservation that cases involving minor offences may be tried
without the presence of legal assistance and that with respect to such
offences the position remains that no provision is made in all cases for
a review of the facts or of any measures imposed as a consequence.
Declarations:
Article 14
It is the understanding
of the Government of the Kingdom of the Netherlands that article 14 of
the Convention is in accordance with the provisions of article 18 of the
International Covenant on Civil and Political Rights of 19 December 1966
and that this article shall include the freedom of a child to have or
adopt a religion or belief of his or her choice as soon as the child is
capable of making such choice in view of his or her age or maturity.
Article 22
The Government
of the Kingdom of the Netherlands declares that whereas the Netherlands
Antilles are not bound by the 1951 Convention relating to the Status of
Refugees, article 22 of the present Convention shall be interpreted as
containing a reference only to such other international human rights or
humanitarian instruments as are binding on the Kingdom of the Netherlands
with respect to the Netherlands Antilles.
Article 38
With regard
to article 38 of the Convention, the Government of the Kingdom of the
Netherlands declares that it is of the opinion that States should not
be allowed to involve children directly or indirectly in hostilities and
that the minimum age for the recruitment or incorporation of children
in the armed forces should be above fifteen years.
In times of
armed conflict, provisions shall prevail that are most conducive to guaranteeing
the protection of children under international law, as referred to in
article 41 of the Convention."
Further, on
18 December 2000, the Government of the Netherlands informed the Secretary-General
that it had decided to accept the Convention on behalf of Aruba subject
to the following rservations and declarations:
Reservations:
"Article 26
The Kingdom
of the Netherlands accepts the provisions of article 26 of the Convention
with the reservation that these provisions shall not imply an independent
entitlement of children to social security, including social insurance.
Article 37
The Kingdom
of the Netherlands accepts the provisions of article 37 (c)
of the Convention with the reservation that these provisions shall not
prevent:
- the application
of adult penal law to children of sixteen years and older, provided that
certain criteria laid down by law have been met;
- that a child
which has been detained will not always be accommodated separately from
adults; if the number of children that has to be detained at a certain
time is unexpectedly large, (temporary) accommodation together with adults
may be unavoidable.
Article 40
The Kingdom
of the Netherlands accepts the provisions of article 40 of the Convention
with the reservation that cases involving minor offences may be tried
without the presence of legal assistance and that with respect to such
offences the position remains that no provision is made in all cases for
a review of the facts or of any measures imposed as a consequence."
Declarations:
Article 14
It is the understanding
of the Government of the Kingdom of the Netherlands that Article 14 of
the Convention is in accordance with the provisions of Article 18 of the
International Covenant on Civil and Political Rights of 19 December 1966
and that this Article shall include the freedom of a child to have or
adopt a religion or belief of his or her choice as soon as the child is
capable of making such choice in view of his or her age or maturity.
Article 22
Government
of the Kingdom of the Netherlands declares that whereas Aruba is not bound
by the 1951 Convention relating to the Status of Refugees, Article 22
of the present Convention shall be interpreted as containing a reference
only to such other international human rights or humanitarian instruments
as are binding on the Kingdom of the Netherlands with respect to Aruba.
Article 38
With regard
to Article 38 of the Convention, the Government of the Kingdom of the
Netherlands declares that it is of the opinion that States should not
be allowed to involve children directly or indirectly in hostilities and
that the minimum age for the recruitment or incorporation of children
in the armed forces should be above fifteen years. In times of armed conflict,
provisions shall prevail that are most conducive to guaranteeing the protection
of children under international law, as referred to in Article 41 of the
Convention."
11. In a communication received on 7 September 1994,
the Government of the United Kingdom of Great Britain and Northern Ireland
indicated that the Convention will apply to the Isle of Man, Anguilla,
Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, Hong
Kong (see also note 4), Montserrat, Pitcairn, Henderson, Ducie and Oeno
Islands, St. Helena, St. Helena Dependencies, South Georgia and the South
Sandwich Islands, Turks and Caicos Islands.
In this regard,
the Secretary-General received, on 3 April 1995, from the Government of
Argentina the following objection:
The Government
of Argentina rejects the extension of the application of the [said Convention]
to the Malvinas Islands, South Georgia and the South Sandwich Islands,
effected by the United Kingdom of Great Britain and Northern Ireland on
7 September 1994, and reaffirms its sovereignty over those islands, which
are an integral part of its national territory.
Subsequently,
on 17 January 1996, the Secretary-General received from the Government
of the United Kingdom of Great Britain and Northern Ireland the following
communication:
"... The Government
of the United Kingdom has no doubt about the sovereignty of the United
Kingdom over the Falkland Islands and over South Georgia and the South
Sandwich Islands and its consequential right to extend the said Convention
to these Territories. The United Kingdom Government rejects as unfounded
the claims by the Government of Argentina and is unable to regard the
Argentine objection as having any legal effect."
Subsequently,
on 5 October 2000, the Secretary-General received from the Government
of Argentina the following communication:
[The Argentine
Republic] wishes to refer to the report submitted by the United Kingdom
of Great Britain and Northern Ireland to the Committee on the Rights of
the Child, which contains an addendum entitled "Overseas Dependent Territories
and Crown Dependencies of the United Kingdom of Great Britain and Northern
Ireland" (CRC/C/41/Add.9).
In that connection,
the Argentine Republic wishes to recall that by its note of 3 April 1995
it rejected the extension of the application of the Convention on the
Rights of the Child to the Malvinas Islands, South Georgia and the South
Sandwich Islands effected by the United Kingdom of Great Britain and Northern
Ireland on 7 September 1994.
The Government
of Argentina rejects the designation of the Malvinas Islands as Overseas
Dependent Territories of the United Kingdom or any other similar designation.
Consequently,
the Argentine Republic does not recognize the section concerning the Malvinas
Islands contained in the report which the United Kingdom has submitted
to the Committee on the Rights of the Child (CRC/C/41/Add.9) or any other
document or instrument having a similar tenor that may derive from this
alleged territorial extension.
The United
Nations General Assembly has adopted resolutions 2065 (XX), 3160
(XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25, in
which it recognizes that a dispute exists concerning sovereignty over
the Malvinas Islands and urges the Argentine Republic and the United Kingdom
of Great Britain and Northern Ireland to continue negotiations with a
view to resolving the dispute peacefully and definitively as soon as possible,
assisted by the good offices of the Secretary-General of the United Nations,
who is to report to the General Assembly on the progress made.
The Argentine
Republic reaffirms its rights of sovereignty over the Malvinas Islands,
South Georgia and the South Sandwich Islands and the surrounding maritime
spaces, which are an integral part of its national territory.
Further, on
20 December 2000, the Secretary-General received from the Government of
the United Kingdom of Great Britain and Northern Ireland, the following
communcation:
"The Government
of the United Kingdom of Great Britain and Northern Ireland rejects as
unfounded the claims made by the Argentine Republic in its communication
to the depositary of 5 October 2000. The Government of the United
Kingdom recalls that in its declaration received by the depositary on
16 January 1996 it rejected the objection by the Argentine Republic to
the extension by the United Kingdom of the Convention on the Rights of
the Child to the Falkland Islands and to South Georgia and the South Sandwich
Islands. The Government of the United Kingdom has no doubt about the sovereignty
of the United Kingdom over the Falkland Islands and over South Georgia
and the South Sandwich Islands and its consequential rights to apply the
Convention with respect to those Territories."
13. The Secretary-General received from the Government
of Sweden the following communications: on 20 July 1993, with regard to
the reservations made upon accession by Thailand concerning articles 7,
22 and 29, upon ratification by Myanmar concerning articles 15 and 37
(see also note 26), upon ratification by Bangladesh concerning article 21,
upon ratification by Djibouti concerning the whole Convention, and on
29 March 1994, with regard to the reservation made upon signature by Qatar.
Subsequently,
on 11 April 1997, the Government of Thailand notified the Secretary-General
that it had decided to withdraw its reservation with regard to article
29.
14. In this regard, on 16 November 1995, the Secretary-General
received from the Government of Denmark, the following communication:
"Because of
their unlimited scope and undefined character these reservations are incompatible
with the object and purpose of the Convention and accordingly inadmissible
and without effect under international law. Therefore, the Government
of Denmark objects to these reservations. The Convention remains in force
in its entirety between Djibouti, the Islamic Republic of Iran, Pakistan,
the Syrian Arab Republic respectively and Denmark.
It is the opinion
of the Government of Denmark that no time limit applies to objections
against reservations, which are inadmissible under international law.
The Government
of Denmark recommends the Governments of Djibouti, the Islamic Republic
of Iran, Pakistan and the Syrian Arab Republic to reconsider their reservations
to the Convention on the Rights of the Child."
See also note
20.
On 3 July 1996,
the Secretary-General received from the Government of Denmark a communication
regarding the reservations made by Botswana and Qatar, identical in essence,
mutatis mutandis, as the one made on 16 November 1995.
15. On 13 March 1997, the Secretary-General received
from the Government of Ireland the following communication with regard
to the reservations made by Brunei Darussalam:
[Same objection,
mutatis mutandis, as the one made with regard to Saudi Arabia under "Objections".]
16. On 20 March 1997, the Secretary-General received
from the Government of Finland communciations with regard to reservations
made by Brunei Darussalam and Saudi Arabia upon accession:
[Same text,
mutatis mutandis, as the objection made with regard to Singapore under
"Objections".]
17. On 13 August 1997, the Secretary-General received
from the Government of Sweden the following communications with regard
to reservations made by Brunei Darussalam, Kiribati and Singapore upon
accession to the Convention:
[Same text,
mutatis mutandis, as the one made with regard to Indonesia under "Objections".
18. On 26 May 1998, the Government of Croatia informed
the Secretary-General that it had decided to withdraw its reservation
made upon succession in respect to article 9, paragraph 1 of the Convention.
The reservation read as follows:
The Republic
of Croatia reserves the right not to apply paragraph 1 of article 9 of
the Convention since the internal legislation of the Republic of Croatia
provides for the right of competent authorities (Centres for Social Work)
to determine on separation of a child from his/her parents without a previous
judicial review."
19. On 11 May 1993, the Government of Denmark notified
the Secretary-General that it had decided to withdraw its declaration
with regard to the application of the Convention to Greenland and the
Faroe Islands which reads as follows:
"Until further
notice the Convention shall not apply to Greenland and the Faroe Islands."
20. On 6 February 1995, the Secretary-General received
from the Government of the Netherlands the following communication with
regard to the reservations made upon upon ratification by Djibouti, Indonesia,
Pakistan and the Syrian Arab Republic:
[Same text,
mutatis mutandis, as the objection made with regard to Iran (Islamic
Republic of) under "Objections".]
Subsequently,
on 23 July 1997, the Government of Pakistan informed the Secretary-General
that it had decided to withdraw its reservation made upon signature and
confirmed upon ratification which reads as follows:
"Provisions
of the Convention shall be interpreted in the light of the principles
of Islamic laws and values."
See also note
14.
21. Statements delivered by [the Government of Ecuador]
on agenda item 108, in the Third Committee on 14 November 1989, particularly
as concerns the interpretation to be given to article 24, in the light
of the preamble of the Convention, and article 38 (ref: A/C.3/44/SR.41).
22. In a communication received by the Secretary-General
on 15 February 1990, the Government of the Federal Republic of Germany
indicated that "it was [its] intention to make the [said] declaration
on the occasion of the signing of the Convention on the Rights of the
Child".
23. In this regard, the Secretary-General received communications
from the following States on the dates indicated hereinafter:
Austria (6
September 1995):
Under article
19 of the Vienna Convention on the Law of Treaties which is reflected
in article 51 of the Convention on the Rights of the Child - a reservation,
in order to be admissible under international law, has to be compatible
with the object and purpose of the treaty concerned. A reservation is
incompatible with the object and purpose of a treaty if it intends to
derogate provisions the implementation of which is essential to fulfilling
its object and purpose.
The Government
of Austria has examined the reservation made by the Islamic Republic of
Iran to the [said Convention]. Given the general character of this reservation
a final assessment as to its admissibility under international law cannot
be made without further clarification.
Until the scope
of the legal effects of this reservation is sufficiently specified by
the Islamic Republic of Iran, the Republic of Austria considers this reservation
as not affecting any provision the implementation of which is essential
to fulfilling the object and purpose of the [said Convention].
Austria, however,
objects to the admissibility of the reservation in question if the application
of this reservation negatively affects the compliance by the Islamic Republic
of Iran with its obligations under the [said Convention] essential for
the fulfilment of its object and purpose.
Austria could
not consider the reservation made by the Islamic Republic of Iran as admissible
under the regime of article 51 of the [said Convention] and article 19
of the Vienna Convention on the Law of Treaties unless Iran, by providing
additional information or through subsequent practice, ensures that the
reservation is compatible with the provisions essential for the implementation
of the object and purpose of the [said Convention]."
Italy (25 September
1995):
"This reservation,
owing to its unlimited scope and undefined character, is inadmissible
under international law. The Government of the Italian Republic, therefore,
objects to the reservation made by the Islamic Republic of Iran. This
objection shall not preclude the entry into force of the Convention as
between the Islamic Republic of Iran and the Italian Republic."
24. On 9 June 1993, the Secretary-General received from
the Government of Finland, the following communication:
"The Government
of Finland has examined the contents of the reservation made by Jordan
[...].
In the view
of the Government of Finland this reservation is subject to the general
principle of treaty interpretation according to which a party may not
invoke general principles of national law as justification for failure
to perform its treaty obligations. For the above reason the Government
of Finland objects to the said reservations. However, the Government of
Finland does not consider that this objection constitutes an obstacle
to the entry into force of the said Convention between Finland and Jordan."
25. Subsequently, the Government of Malaysia informed
the Secretary-General that it had decided to withdraw its reservation
to articles 22, 28 paragraph 1 (b), (c), (d), (e) and paragraphs
2 and 3, article 40 paragraph 3 and 4, articles 44 and 45" made upon accession.
It should be noted that, the Secretary-General had received from the following
States, communications in regard to the reservations made by the Government
of Malaysia upon accession, on the dates indicated hereinafter:
Belgium (1
July 1996):
The Belgian
Government believes that this reservation is incompatible with the object
and purpose of the Convention and that, consequently, in accordance with
article 51, paragraph 2, of the Convention, it is not permitted.
...
Accordingly,
Belgium wishes to be bound by the Convention in its entirety as regards
[the State of Malaysia] which [has] expressed reservations prohibited
by the [said] Convention.
Moreover, as
the 12 month period specified in article 20.5 of the Vienna Convention
on the Law of Treaties is not applicable to reservations which are null
and void, Belgium's objection to such reservations is not subject to any
particular time-limit.
Denmark (2
July 1996):
"The reservation
is covering multiple provisions, including central provisions of the Convention.
Furthermore, it is a general principle of international law that internal
law may not be invoked as justification for failure to perform treaty
obligations. Consequently, the Government of Denmark considers the said
reservation as being incompatible with the object and purpose of the Convention
and accordingly inadmissible and without effect under international law.
The Convention remains in force in its entirety between Malaysia and Denmark.
It is the opinion
of the Government of Denmark that no time limit applies to objections
against reservations, which are inadmissible under international law.
The Government
of Denmark recommends the Government of Malaysia to reconsider its reservation
to the said Convention."
26. On 20 August 2001, the Government of Malta informed
the Secretary-General that it had decided to withdraw its reservation
made upon ratification. The reservation reads as follows:
"Article 26
- The Government of Malta is bound by the obligations arising out of this
article to the extent of present social security legislation."
27. On 19 October 1993, the Government of Myanmar notified
the Secretary-General its decision to withdraw the following reservations
made upon accession with regard to articles 15 and 37:
"Article 15
1. The Union
of Myanmar interprets the expression `the law' in article 15, paragraph
2, to mean the Laws, as well as the Decrees and Executive Orders having
the force of law, which are for the time being in force in the Union of
Myanmar.
"2. The Union
of Myanmar understands that such restrictions on freedom of association
and freedom of peaceful assembly imposed in conformity with the said Laws,
Decrees and Executive Orders as are required by the exigencies of the
situation obtaining in the Union of Myanmar are permissible under article
15, paragraph 2.
"3. The Union
of Myanmar interprets the expression `national security' in the same paragraph
as encompassing the supreme national interest, namely, the non-disintegration
of the Union, the non-disintegration of national solidarity and the perpetuation
of national sovereignty, which constitute the paramount national causes
of the Union of Myanmar."
"Article 37
The Union of
Myanmar accepts in principle the provisions of article 37 as they
are in consonance with its laws, rules, regulations, procedures and practice
as well as with its traditional, cultural and religious values. However,
having regard to the exigencies of the situation obtaining in the country
at present, the Union of Myanmar states as follows:
"1. Nothing
contained in Article 37 shall prevent, or be construed as preventing,
the Government of the Union of Myanmar from assuming or exercising, in
conformity with the laws for the time being in force in the country and
the procedures established thereunder, such powers as are required by
the exigencies of the situation for the preservation and strengthening
of the rule of law, the maintenance of public order (ordre public) and,
in particular, the protection of the supreme national interest, namely,
the non-disintegration of the Union, the non-disintegration of national
solidarity and the perpetuation of national sovereignty, which constitute
the paramount national causes of the Union of Myanmar.
"2. Such powers
shall include the powers of arrest, detention, imprisonment, exclusion,
interrogation, enquiry and investigation."
28. On 19 September 1995, the Government of Norway notified
the Secretary-General that it had decided to withdraw its reservation
with respect to article 40(2)(b)(v) made upon ratification of the Convention.
29. In this regard, on 19 February 1998, the Secretary-General
received from the Government of Austria the following communication:
[Same objection,
mutatis mutandis, as the one made with regard to Malaysia under "Objections".]
30. On 18 June 1996, the Secretary-General received
from the Government of Austria, the following communication with regard
to the reservation made by Qatar upon ratification:
[Same text,
mutatis mutandis, as the objection made with regard to Malaysia under
"Objections".]
31. On 1 July 1996, the Secretary-General received from
the Government of Belgium, the following communication:
...
The Belgian
Government believes that this reservation is incompatible with the object
and purpose of the Convention and that, consequently, in accordance with
article 51, paragraph 2, of the Convention, it is not permitted.
Accordingly,
Belgium wishes to be bound by the Convention in its entirety as regards
the [State of Qatar] which [has] expressed reservations prohibited by
the [said] Convention.
Moreover, as
the 12 month period specified in article 20.5 of the Vienna Convention
on the Law of Treaties is not applicable to reservations which are null
and void, Belgium's objection to such reservations is not subject to any
particular time-limit.
32. On 3 December 1996, the Secretary-General received
from the Government of Portugal the following communication regarding
the reservation made by Singapore:
[Same text,
mutatis mutandis, as the one made with regard to Myanmar under "Objections".]
33. On 1 March 2002, the Government of Tunisia informed
the Secretary-General that it had decided to withdraw the following declaration
and reservation made upon ratification:
Declaration:
2. The Government
of the Republic of Tunisia declares that its undertaking to implement
the provisions of this Convention shall be limited by the means at its
disposal.
Reservation:
2. The Government
of the Republic of Tunisia regards the provisions of article 40, paragraph
2 (b) (v), as representing a general principle to which exceptions may
be made under national legislation, as is the case for some offences on
which final judgement is rendered by cantonal or criminal courts without
prejudice to the right of appeal in their regard to the Court of Cassation
entrusted with ensuring the implementation of the law.
34. On 16 November 1998, the Secretary-General received
from the Government of Austria a communication with regard to reservations
made by the United Arab Emirates upon accession:
[Same text,
identical in essence, as the objection made with regard to Malaysia under
"Objections ".]
35. On 18 April 1997, the Government of the United Kingdom
of Great Britain and Northern Ireland informed the Secretary-General that
it had decided to withdraw the following reservation made upon ratification:
" (f) In Scotland
there are tribunals (known as `children's hearing') which consider the
welfare of the child and deal with the majority of offences which a child
is alleged to have committed. In some cases, mainly of welfare nature,
the child is temporarily deprived of its liberty for up to seven days
prior to attending the hearing. The child and its family are, however,
allowed access to a lawyer during this period. Although the decisions
of the hearings are subject to appeal to the courts, legal representation
is not permitted at the proceedings of the children's hearings themselves.
Children's hearings have proved over the years to be a very effective
way of dealing with the problems of children in a less formal, non-adversarial
manner. Accordingly, the United Kingdom, in respect of article 37 (d),
reserves its right to continue the present operation of children's hearings."
Further, on
3 August 1999, the Government of the United Kingdom of Great Britain and
Northern Ireland informed the Secretary-General of the following:
[...] the following
reservation entered upon ratification in respect of the United Kingdom
of Great Britain and Northern Ireland is hereby withdrawn:
[(d)] Employment
legislation in the United Kingdom does not treat persons under 18, but
over the school-leaving age as children, but as `young people'. Accordingly
the United Kingdom reserves the right to continue to apply article 32
subject to such employment legislation.
The United
Kingdom's reservations to article 32 in respect of its overseas territories,
formerly referred to as `dependent territories', set out in the Declarations
dated 7 September 1994, are unaffected."
36. On 28 January 1997, the Government of Yugoslavia
informed the Secretary-General that it had decided to withdraw the reservation
made by the former Yugoslavia upon ratification of the Convention the
text of which reads as follows:
Reservation:
"The competent
authorities (ward authorities) of the Socialist Federal Republic of Yugoslavia
may, under article 9, paragraph 1 of the Convention, make decisions to
deprive parents of their right to raise their children and give them an
upbringing without prior judicial determination in accordance with the
internal legislation of the SFR of Yugoslavia."
In this regard,
the Secretary-General received on 28 May 1997, from the Government of
Slovenia, the following communication:
"[The Government
of Slovenia] would like to express its disagreement with the content of
the [notification by the depositary concerning the withdrawal of the reservation].
The State which in 1991 notified its ratification of the [said Convention]
and made the reservation was the former Socialist Federal Republic of
Yugoslavia (SFRY) but the State which on 28 January 1997 notified the
withdrawal of its reservation was the Federal Republic of Yugoslavia (FRY).
In that connection the [Government of Slovenia] would like to draw attention
to the resolutions of the Security Council (757, 777) and the General
Assembly (47/1), all from 1992, which stated that `the state formerly
known as the Socialist Federal Republic of Yugoslavia has ceased to exist"and
to the opinion of the Arbitration Commission of the UN/EC Conference on
the former Yugoslavia that "the Federal Republic of Yugoslavia (Serbia
and Montenegro) is a new State which cannot be considered the sole successor
to the SFRY.'
The [said]
notification is therefore incorrect and misleading since it is erroneously
suggesting that the State which would like to withdraw the reservation
is the same person under international law as the State which made the
reservation. It is believed that the Secretary-General should be precise
in making references to States Parties to international agreements in
respect of which he performs depositary functions. Therefore it is the
opinion of the Government of the Republic of Slovenia that the withdrawal
of the reservation made by the Government of the FRY cannot be considered
valid, since it was made by a State that did not make the reservation.
The Federal Republic of Yugoslavia should, as one of the successor States
of the former SFRY, notify its succession if it wishes to be considered
a Party to the Convention."
Further, on
3 and 4 June and 10 October 1997, respectively, the Secretary-General
received from the Governments of Croatia, Bosnia and Herzegovina and the
former Yugoslav Republic of Macedonia, communications, identical in essence,
mutatis mutandis, as the one made by Slovenia.
On 12 March
2001, the Government of Yugoslavia notified the Secretary-General of its
intent to succeed to the Convention and confirmed that it does not maintain
the reservation made by the former Yugoslavia upon ratification. See also
notes 1 regarding "Bosnia and Herzegovina", "Croatia", "former Yugoslavia",
"Slovenia", "The Former Yugoslav Republic of Macedonia" and "Yugoslavia"
in the "Historical Information" section in the front matter of this volume.
37. On 6 May 1996, the Secretary-General received the
following communication from the Government of the Syrian Arab Republic
with regard to the objection by the Government of Germany to its reservations
made upon ratification:
The laws in
effect in the Syrian Arab Republic do not recognize the system of adoption,
although they do require that protection and assistance should be provided
to those for whatever reason permanently or temporarily deprived of their
family environment and that alternative care should be assured them through
foster placement and kafalah, in care centres and special institutions
and, without assimilation to their blood lineage (nasab), by foster families,
in accordance with the legislation in force based on the principles of
the Islamic Shariah.
The reservations
of the Syrian Arab Republic to articles 20 and 21 mean that approval of
the Convention should not in any way be interpreted as recognizing or
permitting the system of adoption to which reference is made in these
two articles and are subject to these limitations only.
The reservations
of the Syrian Arab Republic to article 14 of the Convention are restricted
only to its provisions relating to religion and do not concern those relating
to thought or conscience. They concern: the extent to which the right
in question might conflict with the right of parents and guardians to
ensure the religious education of their children, as recognized by the
United Nations and set forth in article 18, paragraph 4, of the International
Covenant on Civil and Political Rights; the extent to which it might conflict
with the right, established by the laws in force, of a child to choose
a religion at an appointed time or in accordance with designated procedures
or at a particular age in the case where he clearly has the mental and
legal capacity to do so; and the extent to which it might conflict with
public order and principles of the Islamic Shariah on this matter that
are in effect in the Syrian Arab Republic with respect to each case.
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