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Afghanistan
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."
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Algeria
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."
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Andorra17
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.
...
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Argentina
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.
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Australia
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)."
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Austria
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."
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Bahamas
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".
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Bangladesh18
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."
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Belgium
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.
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Bosnia and Herzegovina
19
Bosnia and
Herzegovina19
"....."
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Botswana20
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."
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Brunei Darussalam
21,
22,
23
Brunei
Darussalam21,22,23
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."
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Canada
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."
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China
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.
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Colombia
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.
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Cook Islands24
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.
...
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 adoptionsnow
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."
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Croatia25
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."
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Cuba
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.
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Denmark7
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."
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Djibouti18,20,26
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.
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Ecuador27
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."
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France
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.
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Germany9,28
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.
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Guatemala
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."
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Holy See
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."
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Iceland29
Declarations:
"[1...]
"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."
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India
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."
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Iran (Islamic Republic of)
20,
30
Iran (Islamic
Republic of)20,30
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."
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Iraq
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 .
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Ireland
Ireland
Upon signature:
Declaration:
"Ireland reserves the
right to make, when ratifying the
Convention, such declarations or
reservations as it may consider
necessary."
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Japan
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."
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Jordan31
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.
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Kiribati23
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."
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Kuwait
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.
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Liechtenstein32
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."
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Luxembourg
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.
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Malaysia33
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."
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Maldives
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.
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Mali
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.
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Mauritania
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.
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Monaco
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.
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Morocco36
Declarations:
The
Government of the Kingdom of Morocco
interprets the provisions of article
14, paragraph 1, of the Convention
on the Rights of the Child in the
light of the Constitution of 7
October 1996 and the other relevant
provisions of its domestic law, as
follows:
Article 6 of the
Constitution, which provides that
Islam, the State religion, shall
guarantee freedom of worship for
all.
Article 54, paragraph 6, of
Act 70-03 (the Family Code), which
stipulates that parents owe their
children the right to religious
guidance and education based on good
conduct.
By this declaration, the
Kingdom of Morocco reaffirms its
attachment to universally recognized
human rights and its commitment to
the purposes of the aforementioned
Convention.
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Netherlands12
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."
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New Zealand
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.
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Oman39
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.
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Poland
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.
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Qatar18,20,39,40,41
29 April 2009
Whereas the Government
of the State of Qatar ratified the
1989 Convention on the Rights of the
Child on 3 April 1995, and entered a
general reservation concerning any
of its provisions that are
inconsistent with the Islamic
sharia;
Whereas the Council of
Ministers decided at its fourth
ordinary meeting of 2009, held on 28
January 2009, to approve the partial
withdrawal by the State of Qatar of
its general reservation, which shall
continue to apply in respect of the
provisions of articles 2 and 14 of
the Convention;
Now therefore We declare, by
means of the present instrument, the
partial withdrawal by the State of
Qatar of its general reservation,
which shall continue to apply in
respect of the provisions of
articles 2 and 14 of the Convention.
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Republic of
Korea42
Reservations:
The Republic of Korea
considers itself not bound by the
provisions of paragraph (a) of
article 21 and sub-paragraph (b) (v)
of paragraph 2 of article 40.
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Samoa
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."
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Saudi Arabia22
Reservation:
[The Government of Saudi
Arabia enters] reservations with
respect to all such articles as are
in conflict with the provisions of
Islamic law.
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Singapore23,44
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
ofSingapore, 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."
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Spain
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.
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Swaziland
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."
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Sweden
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.
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Switzerland46
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.
......
(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.
....
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Syrian Arab Republic
20,
26,
47
Syrian Arab
Republic20,26,47
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 20
and 21 concerning the adoption.
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Thailand18
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."
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Tunisia48
Declarations:
...
...
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.
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Turkey
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.
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United Arab
Emirates49
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.
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United Kingdom of Great Britain and
Northern Ireland
15,
50
United Kingdom
of Great Britain and Northern
Ireland15,50
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:
"[.....]"
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 ofyoung 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."
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Uruguay
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.
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Venezuela (Bolivarian Republic of)
Venezuela
(Bolivarian Republic of)
Interpretative
declarations:
1. Article 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.
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Austria
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.]
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Belgium
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.
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Denmark
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.]
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Finland
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.]
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Germany47
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
Convtion 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.
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Ireland
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.]
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Italy
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.
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Netherlands
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 Go vernment 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.”
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Norway
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.]
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Portugal
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.
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Slovakia6
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."
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Sweden
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.
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