Convention on the Rights of the Child
Parties with reservations, declarations and objections
Party | Reservations / Declarations | Objections |
---|---|---|
Afghanistan | Yes | No |
Algeria | Yes | No |
Andorra | Yes | Yes |
Argentina | Yes | Yes |
Australia | Yes | No |
Austria | Yes | No |
Bahamas | Yes | No |
Bangladesh | Yes | Yes |
Belgium | Yes | No |
Bosnia and Herzegovina | Yes | No |
Botswana | Yes | Yes |
Brunei | Yes | Yes |
Canada | Yes | No |
China | Yes | No |
Colombia | Yes | No |
Cook Islands | Yes | No |
Croatia | Yes | No |
Cuba | Yes | No |
Czech Republic | Yes | No |
Czechoslovakia (<01-01-1993) | Yes | No |
Denmark | Yes | No |
Djibouti | Yes | Yes |
Ecuador | Yes | No |
Egypt | Yes | No |
Eswatini | Yes | No |
France | Yes | No |
Germany | Yes | No |
Greece | Yes | No |
Guatemala | Yes | No |
Holy See | Yes | No |
Iceland | Yes | No |
India | Yes | No |
Indonesia | Yes | Yes |
Iran | Yes | Yes |
Iraq | Yes | No |
Ireland | Yes | No |
Israel | Yes | No |
Japan | Yes | No |
Jordan | Yes | Yes |
Kiribati | Yes | Yes |
Kuwait | Yes | Yes |
Liechtenstein | Yes | Yes |
Luxembourg | Yes | No |
Malaysia | Yes | Yes |
Maldives | Yes | No |
Mali | Yes | No |
Malta | Yes | No |
Mauritania | Yes | No |
Mauritius | Yes | No |
Monaco | Yes | No |
Morocco | Yes | No |
Myanmar | Yes | Yes |
Netherlands, the Kingdom of the | Yes | No |
New Zealand | Yes | No |
Oman | Yes | Yes |
Pakistan | Yes | Yes |
Palestine | Yes | No |
Poland | Yes | No |
Qatar | Yes | Yes |
Republic of Korea, the | Yes | No |
Samoa | Yes | No |
Saudi Arabia | Yes | Yes |
Serbia | Yes | Yes |
Singapore | Yes | Yes |
Slovakia | Yes | No |
Slovenia | Yes | No |
Somalia | Yes | Yes |
Spain | Yes | No |
Switzerland | Yes | No |
Syria | Yes | Yes |
Thailand | Yes | Yes |
Tunisia | Yes | Yes |
Türkiye | Yes | Yes |
United Arab Emirates | Yes | Yes |
United Kingdom | Yes | Yes |
Uruguay | Yes | No |
Venezuela | Yes | No |
Yugoslavia (< 25-06-1991) | Yes | No |
Afghanistan
27-09-1990
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
16-04-1993
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
02-01-1996
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 Llei 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.
Objection Netherlands, the Kingdom of the, 06-03-1997
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 Andorra.
01-03-2006
The Government of Andorra notified the Secretary-General that it had decided to withdraw
the following declaration made upon ratification;
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 Llei 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
29-06-1990
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.
04-12-1990
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.
03-04-1995
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.
Objection United Kingdom, 17-01-1996
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.
05-10-2000
[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.
Objection United Kingdom, 20-12-2000
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.
Australia
17-12-1990
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
06-08-1992
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.
28-09-2015
Withdrawal of reservations and declarations.
Bahamas
30-10-1990
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.
Bangladesh
03-08-1990
[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.
Objection Portugal, 15-07-1992
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 Bangladesh.
Objection Ireland, 28-09-1992
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 Bangladesh.
Objection Sweden, 20-07-1993
The Secretary-General received from the Government of Sweden a communication upon ratification by Bangladesh concerning article 21.
Belgium
16-12-1991
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
01-09-1993
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.
16-09-2008
Withdrawal of reservation made upon succession:
"The Republic of Bosnia and Herzegovina 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."
Botswana
14-03-1995
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.
Objection Germany, 13-06-1996
The Government of the Federal Republic of Germany considers that such a reservation,
which seeks to limit the responsibilities of Botswana under the Convention by invoking
general principles of national law, may raise doubts as to the commitment of Botswana
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 Botswana.
Objection Italy, 14-06-1996
The Government of the Italian Republic considers that such a reservation, which seeks to limit the responsibilities of Botswana under the Convention by invoking general principles of national law, may raise doubts as to the commitment of Botswana 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 Botswana.
Objection Netherlands, the Kingdom of the, 14-06-1996
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 Botswana.
Objection Denmark, 03-07-1996
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 Botswana and
Qatar 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 Botwana and Qatar to reconsider
their reservations to the Convention on the Rights of the Child.
30-06-2022
Withdrawal of the reservation made upon accession.
Brunei
27-12-1995
[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.
Objection Italy, 23-12-1996
The Government of the Italian Republic considers that such a reservation, which seeks to limit the responsibilities of Brunei Darussalam under the Convention by invoking general principles of national law, may raise doubts as to the commitment of Brunei Darussalam 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 Brunei Darussalam.
Objection Portugal, 30-01-1997
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 Brunei Darussalam.
Objection Denmark, 10-02-1997
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.
Objection Germany, 12-02-1997
The Government of the Federal Republic of Germany considers that such a reservation,
which seeks to limit the responsibilities of Brunei under the Convention by invoking
general principles of national law, may raise doubts as to the commitment of Brunei
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 Brunei.
Objection Austria, 03-03-1997
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 Brunei 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 Brunei, 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 Brunei ...
with its obligations under the [Convention] essential for the fulfilment of its object
and purpose.
Austria could not consider the reservation made by Brunei ... as admissible under
the regime of article 51 of the [Convention] and article 19 of the Vienna Convention
on the Law of Treaties unless Brunei ... , 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].
Objection Netherlands, the Kingdom of the, 03-03-1997
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 Brunei Darussalam.
Objection Norway, 04-03-1997
The Government of Norway considers that the reservation made by Brunei Darussalam,
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
Brunei Darussalam.
The Government of Norway does not consider this objection to preclude the entry into
force of the Convention between the Kingdom of Norway and Brunei Darussalam.
Objection Ireland, 13-03-1997
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.
Objection Finland, 20-03-1997
The reservations made in paragraphs 2 and 3 by Brunei Darussalam, 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 Brunei Darussalam
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 Brunei Darussalam 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.
Objection Sweden, 13-08-1997
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 Brunei Darussalam.
10-08-2015
Withdrawal of its reservations to articles 20 (1), 20 (2) and 21 (a).
Canada
13-12-1991
(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.
14-05-2014
The Permanent Mission of Canada to the United Nations presents its compliments to
the Secretary-General of the United Nations and has the honour to refer to the Convention
on the Rights of the Child, and the Secretary-General's communication of 9 April 2014,
numbered C.N.185.2014.TREATIES-IV.11, relating to that treaty.
The Permanent Mission of Canada notes that this communication was made pursuant to
the Secretary General's capacity as Depositary for the Convention on the Rights of
the Child. The Permanent Mission of Canada notes the technical and administrative
role of the Depositary, and that it is for States Parties to a treaty, not the Depositary,
to make their own determination with respect to any legal issues raised by instruments
circulated by a depositary.
In that context, the Permanent Mission of Canada notes that 'Palestine' does not meet
the criteria of a state under international law and is not recognized by Canada as
a state. Therefore, in order to avoid confusion, the Permanent Mission of Canada wishes
to note its position that in the context of the purported Palestinian accession to
the Convention on the Rights of the Child, 'Palestine' is not able to accede to this
convention, and that the Convention on the Rights of the Child does not enter into
force, or have an effect on Canada's treaty relations, with respect to the 'State
of Palestine'.
China
02-03-1992
[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.
10-06-1997
Reservation:
Upon resuming the exercise of sovereignty over Hong Kong, (...) the Convention with
the reservation made by China will also apply to the Hong Kong special Administrative
Region.
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. ....
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.
20-12-1999
Reservation:
Upon resuming the exercise of sovereignty over Macao, (...) the Convention with the
reservation made by China will also apply to the Macao Special Administrative Region.
10-04-2003
The Government of the People's Republic of China, on behalf of the Hong Kong Special
Administrative Region, decides to withdraw its declaration relating to article 22
of the Convention. The declaration reads as follows:
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.
Colombia
26-01-1990
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.
28-01-1991
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
06-06-1997
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.
25-03-2009
The following reservation was withdrawn:
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.
Croatia
12-10-1992
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.
26-05-1998
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.
Cuba
21-08-1991
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 Republic
22-02-1993
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.
Czechoslovakia (<01-01-1993)
07-01-1991
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.
Denmark
19-07-1991
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.
Djibouti
06-12-1990
[The Government of Djibouti] shall not consider itself bound by any provisions or articles that are incompatible with its religion and its traditional values.
Objection Norway, 30-12-1991
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.
Objection Portugal, 15-07-1992
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 Djibouti.
Objection Ireland, 28-09-1992
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 Djibouti.
Objection Sweden, 20-07-1993
The Secretary-General received from the Government of Sweden a communication upon ratification by Djibouti concerning the whole Convention
Objection Netherlands, the Kingdom of the, 06-02-1995
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 Djibouti.
Objection Denmark, 16-11-1995
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.
07-12-2009
Partial withdrawal of reservation:
Upon ratification of the Convention on the Rights of the Child, the Government of
the Republic of Djibouti made a declaration [... that the Government of Djibouti shall
not consider itself bound by] any provisions or articles that are incompatible with
its religion and its traditional values.
We, the Minister of Foreign Affairs and International Cooperation, declare that the
Government of the Republic of Djibouti, after having examined the declaration withdraws
the said declaration with the exception of the reservations made to articles 14 and
21of the said Convention.
Ecuador
26-01-1990
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
06-07-1990
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.
31-07-2003
Having examined the reservation of the Arab Republic of Egypt to articles 20 and 21
of the Convention on the Rights of the Child adopted by the General Assembly of the
United Nations on 20 November 1989 and ratified by the Arab Republic of Egypt on 6
July 1990, ...,
Whereas the People's Assembly has given its assent,
Whereas we agree to the withdrawal of the reservation,
Hereby declare that we accept, affirm and ratify withdrawal of the reservation.
Eswatini
07-09-1995
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.
France
26-01-1990
(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.
Germany
26-01-1990
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.
06-03-1992
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.
15-07-2010
The Government of the Federal Republic of Germany notified its withdrawal of the (...)
reservations [in respect of article 40 (2) (b) (ii) and (v) of the Convention].
The Government of the Federal Republic of Germany notified its withdrawal of the (...)
declarations concerning articles 9, 10, 18, 22 and 38(2).
01-11-2010
Withdrawal of declaration made upon ratification concerning article 3(2) of the Convention.
Greece
12-04-1994
Succession of the former Yugoslav Republic of Macedonia to the Convention on the Rights of the Child, adopted by the General Assembly of the United Nations on 20 November 1989, does not imply its recognition on behalf of the Hellenic Republic.
Guatemala
26-01-1990
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
20-04-1990
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
28-10-1992
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.
24-03-2009
Withdrawal of declaration with regard to article 9.
20-05-2015
Withdrawal of declaration with regard to article 37.
India
11-12-1992
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.
Indonesia
05-09-1990
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.
Objection Finland, 25-07-1991
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.
Objection Sweden, 20-09-1991
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.
Objection Norway, 30-12-1991
With regard to the reservation made by Indonesia 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 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 Indonesia.
Objection Portugal, 15-07-1992
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 Indonesia.
Objection Ireland, 28-09-1992
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 Indonesia.
Objection Netherlands, the Kingdom of the, 06-02-1995
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 Indonesia.
02-02-2005
The Government of Indonesia informed the Secretary-General that it had decided to withdraw its reservation made upon ratification.
Iran
05-09-1991
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.
13-07-1994
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.
Objection Portugal, 13-12-1994
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 the Islamic Republic of Iran.
Objection Netherlands, the Kingdom of the, 06-02-1995
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 Islamic Republic of Iran.
Objection Germany, 11-08-1995
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 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 Federal Republic of Germany.
Objection Sweden, 01-09-1995
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 Islamic Republic of Iran.
Objection Finland, 05-09-1995
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 Islamic Republic of Iran.
Objection Ireland, 05-09-1995
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.
Objection Norway, 05-09-1995
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 Islamic Republic of Iran.
Objection Austria, 06-09-1995
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].
Objection Italy, 25-09-1995
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.
Objection Denmark, 16-11-1995
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.
Iraq
15-06-1994
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
30-09-1990
Ireland reserves the right to make, when ratifying the Convention, such declarations or reservations as it may consider necessary.
Israel
16-05-2014
The Permanent Mission of Israel to the United Nations presents its compliments to
the Secretary-General of the United Nations, in his capacity as depositary to the
Convention on the Rights of the Child, and refers to the communication by the depositary,
dated 9 April 2014, regarding the Palestinian request to accede to this Convention
(Reference number C.N.185.2014.TREATIES-IV.11).
'Palestine' does not satisfy the criteria for statehood under international law and
lacks the legal capacity to join the aforesaid convention both under general international
law and the terms of bilateral Israeli-Palestinian agreements.
The Government of Israel does not recognize 'Palestine' as a State, and wishes to
place on record, for the sake of clarity, its position that it does not consider 'Palestine'
a party to the Convention and regards the Palestinian request for accession as being
without legal validity and without effect upon Israel's treaty relations under the
Convention.
Japan
22-04-1994
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.
Jordan
24-05-1991
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.
Objection Sweden, 26-08-1992
With regards to the reservations concerning articles 14, 20 and 21;
Reservations 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 Jordan.
Objection Ireland, 28-09-1992
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 Jordan.
Objection Finland, 09-06-1993
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.
Kiribati
11-12-1995
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.
Objection Portugal, 30-01-1997
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 Kiribati.
Objection Austria, 03-03-1997
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 Kiribati 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 Kiribati, 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 Kiribati
... with its obligations under the [Convention] essential for the fulfilment of its
object and purpose.
Austria could not consider the reservation made by Kiribati ... as admissible under
the regime of article 51 of the [Convention] and article 19 of the Vienna Convention
on the Law of Treaties unless Kiribati ... , 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].
Objection Netherlands, the Kingdom of the, 03-03-1997
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 Kiribati.
Objection Sweden, 13-08-1997
With regard to the reservation made by Kiribati upon ratification concerning articles
24, 26, 28 and 51:
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 Kiribati.
16-09-2015
Withdrawal of the reservations made.
Kuwait
07-06-1990
[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.
Objection Czechoslovakia (<01-01-1993), 07-06-1991
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.
Objection Czech Republic, 22-02-1993
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.
Objection Slovakia, 28-05-1993
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.
21-10-1991
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.
Objection Portugal, 15-07-1992
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 Kuwait.
Objection Ireland, 28-09-1992
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 Kuwait.
Liechtenstein
22-12-1995
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.
Objection Netherlands, the Kingdom of the, 03-03-1997
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 Liechtenstein.
10-12-2003
The Principality of Liechtenstein partially withdraws its reservation concerning article
10 of the Convention as contained in the annex of the instrument of accession of 18
December 1995, namely with regard to paragraph 2 of the article guaranteeing the right
of the child to maintain personal relations and direct contacts with both parents.
01-10-2009
Withdrawal of declaration concerning article 1 and withdrawal of reservation concerning article 7.
Luxembourg
07-03-1994
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.
Malaysia
17-02-1995
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.
Objection Portugal, 04-12-1995
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 Malaysia.
Objection Germany, 20-03-1996
The Government of the Federal Republic of Germany considers that such a reservation,
which seeks to limit the responsibilities of Malaysia under the Convention by invoking
general principles of national law, may raise doubts as to the commitment of Malaysia
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.
Objection Finland, 14-06-1996
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].
Objection Austria, 18-06-1996
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].
Objection Netherlands, the Kingdom of the, 25-06-1996
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 Malaysia.
Objection Ireland, 26-06-1996
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.
Objection Sweden, 26-06-1996
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 Malaysia.
Objection Norway, 27-06-1996
The Government of Norway 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.
Objection Belgium, 01-07-1996
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.
Objection Denmark, 02-07-1996
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.
23-03-1999
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 percent enrolment.
19-07-2010
... , the Government of Malaysia, hereby withdraws its reservations in respect of
articles 1, 13 and 15 of the said Convention ...:
... , following Malaysia’s withdrawal of its reservations to articles 1, 13 and 15
of the said Convention ... , the remaining reservations ... made by Malaysia on the
Twenty Third Day of March, in the year Nineteen Ninety Nine shall be modified and
shall now read as follows:
Reservation:
The Government of Malaysia accepts the provisions of the Convention on the Rights
of the Child but expresses reservations with respect to articles 2, 7, 14, 28 paragraph
1 (a) and 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.
19-07-2010
[Modification of declaration]
With respect to article 28 paragraph 1 (a) of the Convention, the Government of Malaysia
wishes to declare that with the amendment to the Education Act 1996 in the year 2002,
primary education in Malaysia is made compulsory. In addition, the Government of Malaysia
provides monetary aids and other forms of assistance to those who are eligible.
Maldives
21-08-1990
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.
11-02-1991
Reservations to articles 14 and 21.
Mali
20-09-1990
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.
Malta
30-09-1990
Article 26 - The Government of Malta is bound by the obligations arising out of this article to the extent of present social security legislation.
20-08-2001
The Government of Malta informed the Secretary-General that it had decided to withdraw its reservation made upon ratification.
Mauritania
26-01-1990
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
26-07-1990
[Mauritius] . . . with express reservation with regard to article 22 of the said Convention.
04-06-2008
whereas the Government of the Republic of Mauritius acceded to the Convention on the
Rights of the Child (CRC) in 1990,
and whereas, upon accession to the Convention, the Government of the Republic of Mauritius
made a reservation to Article 22 of the Convention,
now therefore I, Dr.the Hon. Navinchandra Ramgoolam, G.C.S.K. Prime Minister, declare
that the Government of the Republic of Mauritius, having reviewed the said reservation,
hereby withdraws the same.
Monaco
21-06-1993
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
21-06-1993
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.
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.
19-10-2006
Withdrawal of reservation in respect of article 14:
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.
Myanmar
15-07-1991
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.
Objection Portugal, 15-07-1992
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.
Objection Sweden, 20-07-1993
Upon accession by Myanmar, the Secretary-General received a communication from the Government of Sweden concerning articles 15 and 37.
19-10-1993
The Government of Myanmar notified the Secretary-General its decision to withdraw the reservations made upon accession with regard to articles 15 and 37.
Netherlands, the Kingdom of the
06-02-1995
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.
17-12-1997
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.
18-12-2000
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 m 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.
New Zealand
06-04-1993
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.
(...) ratification shall extend to Tokelau only upon notification to the Secretary-General
of the United Nations of such extension.
Oman
09-12-1996
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.
Objection Germany, 28-01-1998
The Government of the Federal Republic of Germany considers that such a reservation,
which seeks to limit the responsibilities of Oman under the Convention by invoking
general principles of national law, may raise doubts as to the commitment of Oman
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 Oman.
Objection Finland, 06-02-1998
The reservations made in paragraphs 2 and 3 by Oman, 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 Oman 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 Oman 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.
Objection Norway, 09-02-1998
The Government of Norway considers that reservation (2) made by Oman, 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.Therefore,
the Government of Norway objects to the said reservations made by the Government of
Oman.
The Government of Norway does not consider this objection to preclude the entry into
force of the Convention between the Kingdom of Norway and Oman.
Objection Sweden, 09-02-1998
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 Oman.
Objection Netherlands, the Kingdom of the, 10-02-1998
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 Oman.
14-01-2011
Withdrawal of reservations to Articles 7, 9, 21 and 30 made upon accession.
09-12-2014
Modification of the reservation to Article 14 (effective as of 14 January 2011):
The Sultanate of Oman is not committed to the contents of Article (14) of the Convention,
which gives the child the right to freedom of religion until he reaches the age of
maturity.
30-06-2022
Withdrawal of the following reservation made upon accession:
The provisions of the Convention should be applied within the limits imposed by the
material resources available.
Pakistan
20-09-1990
Provisions of the Convention shall be interpreted in the light of the principles of Islamic laws and values.
Objection Sweden, 20-09-1991
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 Pakistan.
Objection Norway, 30-12-1991
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 Pakistan.
Objection Portugal, 15-07-1992
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 Pakistan.
Objection Netherlands, the Kingdom of the, 06-02-1995
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 Pakistan.
Objection Denmark, 16-11-1995
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.
23-07-1997
The Government of Pakistan informed the Secretary-General that it had decided to withdraw its reservation made upon signature and confirmed upon ratification.
Palestine
06-06-2014
The Permanent Observer of the State of Palestine to the United Nations presents his
compliments to the Secretary-General of the United Nations, in his capacity as Depositary,
and has the honor to refer to depositary notification C.N.279.2014.TREATIES-IV.11,
dated 22 May 2014, conveying a communication of Canada regarding the accession of
the State of Palestine to the Convention on the Rights of the Child, dated 20 November
1989.
The Government of the State of Palestine regrets the position of Canada and wishes
to recall United Nations General Assembly resolution 67/19 of 29 November 2012 according
Palestine 'non-member observer State status in the United Nations'. In this regard,
Palestine is a State recognized by the United Nations General Assembly on behalf of
the international community.
As a State Party to the Convention on the Rights of the Child, which entered into
force on 2 May 2014, the State of Palestine will exercise its rights and honor its
obligations with respect to all States Parties. The State of Palestine trusts that
its rights and obligations will be equally respected by its fellow States Parties.
06-06-2014
The Permanent Observer of the State of Palestine to the United Nations presents his
compliments to the Secretary-General of the United Nations, in his capacity as Depositary,
and has the honor to refer to depositary notification C.N.297.2014.TREATIES-IV.11,
dated 22 May 2014, conveying a communication of Israel regarding the accession of
the State of Palestine to the Convention on the Rights of the Child, dated 20 November
1989.
The Government of the State of Palestine regrets the position of Israel, the occupying
Power, and wishes to recall United Nations General Assembly resolution 67/19 of 29
November 2012 according Palestine 'non-member observer State status in the United
Nations'. In this regard, Palestine is a State recognized by the United Nations General
Assembly on behalf of the international community.
As a State Party to the Convention on the Rights of the Child, which entered into
force on 2 May 2014, the State of Palestine will exercise its rights and honor its
obligations with respect to all States Parties. The State of Palestine trusts that
its rights and obligations will be equally respected by its fellow States Parties.
Poland
07-06-1991
- 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.
- 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.
04-03-2013
Withdrawal of reservations to articles 7 and 38 of the Convention made upon ratification.
Qatar
08-12-1992
[The State of Qatar] enter(s) a general reservation by the State of Qatar concerning provisions incompatible with Islamic Law.
Objection Finland, 09-06-1993
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 Qatar.
Objection Slovakia, 09-08-1993
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.
Objection Sweden, 29-03-1994
The Secretary-General received from the Government of Sweden a communication with regard to the reservation made upon signature by Qatar.
03-04-1995
[The State of Qatar] enter(s) a general reservation by the State of Qatar concerning provisions incompatible with Islamic Law.
Objection Portugal, 11-01-1996
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 Qatar.
Objection Germany, 20-03-1996
The Government of the Federal Republic of Germany 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 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 Qatar.
Objection Netherlands, the Kingdom of the, 11-06-1996
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 Qatar.
Objection Finland, 14-06-1996
The reservation made by Qatar covers several central provisions of the [said Convention].
The broad nature of the said reservation leaves open to what extent Qatar 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 Qatar is devoid of legal effect.
The Government of Finland recommends the Government of Qatar to reconsider its reservation
to the [said Convention].
Objection Italy, 14-06-1996
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.
Objection Norway, 14-06-1996
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.
Objection Austria, 18-06-1996
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 Qatar 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 Qatar, 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 Qatar ...
with its obligations under the [Convention] essential for the fulfilment of its object
and purpose.
Austria could not consider the reservation made by Qatar ... as admissible under the
regime of article 51 of the [Convention] and article 19 of the Vienna Convention on
the Law of Treaties unless Qatar ... , 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].
Objection Belgium, 01-07-1996
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 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.
Objection Denmark, 03-07-1996
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 Botswana and
Qatar 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 Botwana and Qatar to reconsider
their reservations to the Convention on the Rights of the Child.
29-04-2009
Partial withdrawal of reservation:
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.
Republic of Korea, the
20-11-1991
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.
16-10-2008
On 16 October 2008, the Government of the Republic of Korea informed the Secretary-General that it had decided to withdraw the reservation in respect of article 9, paragraph 3 made upon ratification.
11-08-2017
On 11 August 2017, the Government of the Republic of Korea informed the Secretary-General that it had decided to withdraw the reservation in respect of article 21, paragraph (a), made upon ratification.
Samoa
29-11-1994
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 Arabia
26-01-1996
[The Government of Saudi Arabia enters] reservations with respect to all such articles as are in conflict with the provisions of Islamic law.
Objection Portugal, 30-01-1997
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 Saudi Arabia.
Objection Denmark, 10-02-1997
The Government of Denmark finds that the general reservation with reference to the
Constitution of Saudi Arabia 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 Saudi Arabia 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 Saudi Arabia to reconsider
its reservation to the Convention on the Rights of the Child.
Objection Germany, 12-02-1997
The Government of the Federal Republic of Germany considers that such a reservation,
which seeks to limit the responsibilities of Saudi Arabia under the Convention by
invoking general principles of national law, may raise doubts as to the commitment
of Saudi Arabia 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 Saudi Arabia.
Objection Austria, 03-03-1997
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 Saudi Arabia 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 Saudi Arabia, 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 Saudi Arabia
... with its obligations under the [Convention] essential for the fulfilment of its
object and purpose.
Austria could not consider the reservation made by Saudi Arabia ... 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]"
Objection Netherlands, the Kingdom of the, 03-03-1997
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 Saudi Arabia.
Objection Ireland, 13-03-1997
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.
Objection Norway, 13-03-1997
The Government of Norway considers that the reservation made by the Government of
Saudi Arabia, 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 Saudi Arabia.
The Government of Norway does not consider this objection to preclude the entry into
force of the Convention between the Kingdom of Norway and Saudi Arabia.
Objection Sweden, 18-03-1997
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 Saudi Arabia.
Objection Finland, 20-03-1997
The reservations made in paragraphs 2 and 3 by Saudi Arabia, 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 Saudi Arabia 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 Saudi Arabia 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.
Serbia
28-01-1997
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."
Objection Slovenia, 28-05-1997
[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.
Objection Croatia, 03-06-1997
The Secretary-General received from the Government of Croatia a communication, identical in essence, mutatis mutandis, as the one made by Slovenia.
Objection Bosnia and Herzegovina, 04-06-1997
The Secretary-General received from the Government of Bosnia-Herzegovina a communication, identical in essence, mutatis mutandis, as the one made by Slovenia.
Objection North Macedonia, 10-10-1997
The Secretary-General received from the Government of FYROM a communication, identical in essence, mutatis mutandis, as the one made by Slovenia.
12-03-2001
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.
Singapore
05-10-1995
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.
Objection Germany, 04-09-1996
The Government of the Federal Republic of Germany considers that such a reservation,
which seeks to limit the responsibilities of Singapore under the Convention by invoking
general principles of national law, may raise doubts as to the commitment of Singapore
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 Singapore.
Objection Belgium, 26-09-1996
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.
Objection Italy, 04-10-1996
The Government of the Italian Republic considers that such a reservation, which seeks to limit the responsibilities of Singapore under the Convention by invoking general principles of national law, may raise doubts as to the commitment of Singapore 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 Singapore.
Objection Netherlands, the Kingdom of the, 06-11-1996
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 Singapore.
Objection Finland, 26-11-1996
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.
Objection Norway, 29-11-1996
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.
Objection Portugal, 03-12-1996
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 Singapore.
Objection Sweden, 13-08-1997
With regard to the reservation made by Singapore upon ratification concerning articles
28 (1) a and 32:
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 Singapore.
Slovakia
28-05-1993
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.
Slovenia
06-07-1992
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 separation of a child from his/her parents without a previous judicial review.
19-01-2004
The Government of Slovenia informed the Secretary-General that it had decided to withdraw its reservation made upon succession.
Somalia
01-10-2015
The Federal Republic of Somalia does not consider itself bound by Articles 14, 20, 21 of the above stated Convention and any other provisions of the Convention contrary to the General Principles of Islamic Sharia.
Objection Germany, 11-12-2015
The Government of the Federal Republic of Germany has carefully examined the reservations
made by the Federal Republic of Somalia on October 1, 2015 to the United Nations Convention
on the Rights of the Child.
The Federal Republic of Germany considers that the reservations made by the Federal
Republic of Somalia regarding articles 14, 20 and 21 of the Convention on the Rights
of the Child are incompatible with the object and purpose of the Convention and therefore
objects to them.
This objection shall not preclude the entry into force of the Convention between the
Federal Republic of Somalia and the Federal Republic of Germany.
Objection Netherlands, the Kingdom of the, 08-03-2016
The Government of the Kingdom of the Netherlands has carefully examined the reservations
made by the Government of the Federal Republic of Somalia with respect to the Convention
on the Rights of the Child.
The Government of the Kingdom of the Netherlands considers that the reservations regarding
articles 14, 20 and 21 of the Convention on the Rights of the Child are incompatible
with the object and purpose of the Convention.
Furthermore, the Government of the Kingdom of the Netherlands notes that the Federal
Republic of Somalia subjects application of the Convention to the beliefs and principles
of Islam.
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 general reference to religious laws, raises doubts as to the commitment of that
State to the object and purpose of the Convention.
The Government of the Kingdom of the Netherlands recalls that according to Article
51, paragraph 2 of the Convention, a reservation incompatible with the object and
purpose of the Convention shall not be permitted. The Government of the Kingdom of
the Netherlands therefore objects to these reservations.
This objection shall not preclude the entry into force of the Convention between the
Kingdom of the Netherlands and the Federal Republic of Somalia.
Objection Latvia, 23-03-2016
… The Government of the Republic of Latvia has carefully examined the reservations
made by the Federal Republic of Somalia upon ratification of the Convention on the
Rights of the Child.
The Republic of Latvia considers that Article 14 of the Convention forms the very
basis of the Convention and thereof International Human Rights Law, thus no derogations
from those obligations can be made. Moreover, the Republic of Latvia emphasises that
para 3 of Article 14 contains the particular provisions related to the possible limitations
of the right to manifest child's religious beliefs.Therefore, the Republic of Latvia
considers that general reservation to Article 14 of the Convention cannot be considered
in line with object and purpose of the Convention.
Regarding the reservation to Articles 20 and 21 of the Convention that address the
issues of the removal of child from family environment and matters of adoption, the
Government of Latvia draws attention that Articles provide only general principles,
leaving the issues of practical implementation up to the State Parties. Consequently,
the reservation stipulating that the State Party to the Convention is not bound by
Articles establishing the principle that the child can be removed from family environment
and that the adoption shall be performed in the best interests of child, cannot be
considered in line with aim and purpose of the Convention.
Moreover, the reservation subjecting any of provision of the Convention to the General
Principles of Islamic Sharia does not allow evaluate to what extent the Federal Republic
of Somalia considers itself bound by the provisions of the Convention.
Therefore, the Government of the Republic of Latvia referring to para 2 of Article
51 of the Convention setting out that reservation incompatible with the object and
purpose of the Convention shall not be permitted, objects to the aforesaid reservations
made by the Federal Republic of Somalia to the Convention on the Rights of the Child.
However, this objection shall not preclude the entry into force of the Convention
between the Republic of Latvia and the Federal Republic of Somalia. Thus, the Convention
will become operative without the Federal Republic of Somalia benefiting from its
reservation…
Objection Austria, 31-03-2016
The Government of Austria has examined the reservation made by the Federal Republic
of Somalia upon ratification of the United Nations Convention on the Rights of the
Child.
Austria considers that by referring to the General Principles of Islamic Sharia Somalia
has made a reservation of a general and indeterminate scope. This reservation does
not clearly define for the other States Parties to the Convention the extent to which
the reserving State has accepted the obligations of the Convention.
Austria therefore considers the reservation to be incompatible with the object and
purpose of the Convention and objects to it.
This objection shall not preclude the entry into force of the Convention between the
Republic of Austria and the Federal Republic of Somalia.
Objection Sweden, 18-04-2016
The Government of Sweden has examined the contents of the reservation made by the
Federal Republic of Somalia, by which the Federal Republic of Somalia expresses that
‘The Federal Republic of Somalia does not consider itself bound by Articles 14, 20,
21 of the above stated Convention and any other provisions of the Convention contrary
to the General Principles of Islamic Sharia.’
As regards to the reservations to Articles 14, 20 and any other provisions of the
Convention contrary to the General Principles of Islamic Sharia, Sweden would like
to state the following.
Reservations by which a State Party limits its responsibilities under the Convention
by not considering itself bound by certain articles and by invoking general references
to national or religious 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 aforementioned reservations.
This objection shall not preclude the entry into force of the Convention between Sweden
and the Federal Republic of Somalia, without the Federal Republic of Somalia benefitting
from its aforementioned reservations.
Objection Finland, 27-04-2016
The Government of Finland has carefully examined the contents of the reservations
made by the Federal Republic of Somalia concerning the Convention on the Rights of
the Child.
The Government of Finland notes that a general reference to the General Principles
of Islamic Sharia raises doubts as to the commitment of the Federal Republic of Somalia
to fulfill its obligations under the Convention. Such reservations are also subject
to the general principle of treaty interpretation according to which a party may not
invoke the provisions of its domestic law as justification for a failure to perform
its treaty obligations.
In [the] view of the Government of Finland, the reservations made by the Federal Republic
of Somalia are incompatible with the object and purpose of the Convention. According
to Article 19 of the Vienna Convention on the Law of the Treaties, such reservations
shall not be permitted.
Therefore, the Government of Finland objects to the aforesaid reservations made by
the Federal Republic of Somalia. This objection does not preclude the entry into force
of the Convention between Finland and the Federal Republic of Somalia. The Convention
will thus become operative between the two States without the Federal Republic of
Somalia benefitting from its reservations.
Objection Romania, 03-05-2016
The Government of Romania has carefully examined the reservations made by the Federal
Republic of Somalia to the Convention on the Rights of the Child and considers that
they are incompatible with the object and purpose of the Convention. Moreover, having
an undefined character and invoking general principles of its internal law, these
reservations are contrary to the rules of the international law.
Therefore, the Government of Romania objects to the reservations made by the Federal
Republic of Somalia to the United Nations Convention on the Rights of the Child.
This objection shall not preclude the entry into force of the Convention in its entirety
between the Romania and the Federal Republic of Somalia.
Objection Belgium, 09-05-2016
The Kingdom of Belgium has carefully examined the reservations made by the Federal
Republic of Somalia upon ratification on 1 October 2015 of the Convention on the Rights
of the Child.
The Kingdom of Belgium considers that the reservations concerning in particular articles
14, 20 and 21 of the Convention on the Rights of the Child are incompatible with the
object and purpose of that Convention.
These reservations effectively subordinate the application of all the provisions of
the Convention to their compatibility with Islamic Sharia. The Kingdom of Belgium
considers that such reservations seek to limit the responsibilities of the Federal
Republic of Somalia under the Convention through a general reference to Islamic Sharia.
The result is some uncertainty about the extent of the commitment of the Federal Republic
of Somalia to the object and purpose of the Convention.
The Kingdom of Belgium notes that, under article 51, paragraph 2, of the Convention,
a reservation incompatible with the object and purpose of the Convention shall not
be permitted. Consequently, the Kingdom of Belgium registers an objection to the reservations
made by the Federal Republic of Somalia concerning articles 14, 20 and 21 of the Convention
on the Rights of the Child and concerning any other provision of the Convention contrary
to the general principles of Islamic Sharia.
Belgium specifies that this objection does not constitute an impediment to the entry
into force of the Convention between the Kingdom of Belgium and the Federal Republic
of Somalia.
Objection Czech Republic, 17-05-2016
The Government of the Czech Republic has examined the reservation made by the Government
of the Federal Republic of Somalia on October 1, 2015 upon ratification of the United
Nations Convention on the Rights of the Child, according to which [t]he Federal Republic
of Somalia does not consider itself bound by Articles 14, 20, 21 and any other provisions
of the Convention contrary to the General Principles of Islamic Sharia.
The Government of the Czech Republic considers the reservation to Articles 14, 20
and 21 to be incompatible with the object and purpose of the Convention, since, in
the opinion of the Government of the Czech Republic, these Articles form an essential
element of the Convention and the general derogation from them impairs the raison
d'être of the Convention.
Moreover, the Government of the Czech Republic is of the view, that the reservation
to any other provisions of the Convention contrary to the General Principles of Islamic
Sharia has a general and indeterminate scope, since it does not sufficiently specify
to what extent the Federal Republic of Somalia considers itself bound by the provisions
of the Convention. Thus, this general reservation referring to religious laws also
raises concern to which extent the Federal Republic of Somalia is committed to the
object and purpose of the Convention.
The Government of the Czech Republic wishes to recall that, according to article 51
paragraph 2 of the Convention, as well as according to customary international law
as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of a treaty shall not be permitted and that such a reservation
is null and void, and therefore devoid of any legal effect.
Therefore, the Government of the Czech Republic objects to the aforementioned reservation
made by the Federal Republic of Somalia. This objection shall not preclude the entry
into force of the Convention between the Czech Republic and the Federal Republic of
Somalia. The Convention enters into force in its entirety between the Czech Republic
and the Federal Republic of Somalia, without the Federal Republic of Somalia benefiting
from its reservation.
Objection Switzerland, 06-07-2016
The Swiss Federal Council has examined the reservation made by the Government of the
Federal Republic of Somalia in ratifying the Convention on the Rights of the Child.
The reservation subordinating all provisions of the Convention to the general principles
of Islamic sharia makes it impossible to determine the extent to which the Federal
Republic of Somalia accepts the obligations deriving from the Convention. The Federal
Council therefore considers the reservation to be incompatible with the object and
purpose of the Convention.
It also considers the reservation to articles 14 and 20, whereby the Federal Republic
of Somalia generally seeks to avoid being bound by the important obligations contained
therein, to be incompatible with the object and purpose of the Convention.
The Federal Council recalls that, pursuant to article 51, paragraph 2, of the Convention,
as well as article 19, paragraph (c), of the Vienna Convention on the law of treaties,
a reservation incompatible with the object and purpose of the Convention shall not
be permitted.
Accordingly, the Swiss Federal Council objects to the reservation made by the Federal
Republic of Somalia. This objection does not preclude the entry into force of the
Convention, in its entirety, between the Federal Republic of Somalia and Switzerland.
Objection Hungary, 26-08-2016
The Government of Hungary has examined the reservation to the Convention on the Rights
of the Child made by the Federal Republic of Somalia at the time of its ratification
of the Convention.
The reservation states that the Federal Republic of Somalia does not consider itself
bound by the provisions of the Convention that are not in accordance with the General
Principles of Islamic Sharia, and also states that it is not bound by Articles 14,
20 and 21 of the Convention.
The Government of Hungary is of the opinion that by giving precedence to the General
Principles of Islamic Sharia over the application of the provisions of the Convention,
the Federal Republic of Somalia has made a reservation which leaves it unclear to
what extent it feels bound by the obligations of the Convention and which is incompatible
with the object and purpose of the Convention. Articles 14, 20 and 21 address fundamental
rights, and form an essential part of the Convention. Therefore, any reservation to
these Articles is contrary to the object and purpose of the Convention.
The Government of Hungary recalls that according Article 51 (2) of the Convention
and to customary international law as codified in the Vienna Convention on the Law
of Treaties, a reservation incompatible with the object and purpose of a treaty shall
not be permitted.
The Government of Hungary therefore objects to the aforesaid Reservation made by the
Federal Republic of Somalia to the Convention on the Rights of the Child. However,
this objection shall not preclude the entry into force of the Convention between Hungary
and the Federal Republic of Somalia.
Objection Italy, 23-09-2016
The Government of the Italian Republic has carefully examined the reservations made
by the Federal Republic of Somalia on October 1, 2015 to the United Nations Convention
on the Rights of the Child.
The Italian Republic considers that the reservations made by the Federal Republic
of Somalia regarding articles 14, 20 and 21 of the Convention on the Rights of the
Child are incompatible with the object and purpose of the Convention and therefore
objects to them.
This objection shall not preclude the entry into force of the Convention between the
Federal Republic of Somalia and the Italian Republic.
Objection Bulgaria, 27-09-2016
The Republic of Bulgaria welcomes the ratification by the Federal Republic of Somalia
of the Convention on the Rights of the Child on 1 October 2015.
The Republic of Bulgaria has carefully examined the reservation made by the Federal
Republic of Somalia upon ratification of the Convention, which states that it does
not consider itself bound by Articles 14, 20, 21 of the [...] Convention and any other
provisions of the Convention contrary to the General Principles of Islamic Sharia.
The Republic of Bulgaria considers the reservation to articles 14, 20 and 21 incompatible
with the object and purpose of the Convention, as it affects an essential element
of the treaty. Furthermore, the Republic of Bulgaria notes that the aforementioned
reservation subordinates the application of all the provisions of the Convention to
the General Principles of Islamic Sharia, thus failing to define the extent to which
the Federal Republic of Somalia considers itself bound by the provisions of the Convention.
The Republic of Bulgaria notes that according to article 51, paragraph 2 of the Convention
a reservation which is incompatible with the object and purpose of the Convention
shall not be permitted.
Therefore, the Republic of Bulgaria objects to the reservation made by the Federal
Republic of Somalia concerning articles 14, 20 and 21 of the Convention on the Rights
of the Child and concerning any other provision of the Convention contrary to the
General Principles of Islamic Sharia.
However, the Republic of Bulgaria specifies that this objection shall not preclude
the entry into force of the Convention between the Republic of Bulgaria and the Federal
Republic of Somalia.
Objection Poland, 28-09-2016
The Government of the Republic of Poland has carefully examined the reservations made
by the Federal Republic of Somalia to the Convention on the Rights of the Child adopted
by General Assembly of the United Nations on 20th of November 1989, […] upon its ratification
on October 1, 2015.
The Government of the Republic of Poland considers that the reservations made by the
Federal Republic of Somalia regarding articles 14, 20 and 21 of the Convention on
the Rights of the Child and any other provisions of the Convention contrary to the
General Principles of Islamic Sharia Law are incompatible with the object and purpose
of the Convention and therefore objects to them.
This objection shall not preclude the entry into force of the Convention between the
Federal Republic of Somalia and the Republic of Poland.
Objection Portugal, 28-09-2016
The Government of the Portuguese Republic has examined the contents of the reservation
made by the Federal Republic of Somalia upon ratification of the Convention on the
Rights of the Child.
The Government of the Portuguese Republic considers that the reservations made upon
ratification regarding Articles 14, 20, and 21, are incompatible with the object and
purpose of the Convention.
In addition, the reservation related to the Principles of the Islamic Sharia has a
general and indeterminate scope and therefore does not allow States to assess to what
extent Somalia has accepted the existing commitments to the Convention.·Furthermore,
such general reservation contributes to undermining the basis of International Treaty
Law.
Moreover, the Government of the Portuguese Republic considers that reservations by
which a State limits its responsibilities under the Convention on the Rights of the
Child by invoking the domestic law or/and the Sharia Law raise doubts as to the commitment
of the reserving State to the object and purpose of the Convention, as the reservations
are likely to deprive the provisions of the Convention of their effect and are contrary
to the object and purpose thereof.
The Government of the Portuguese Republic recalls that according to Article 51, paragraph
2 of the Convention, as well as according to customary international law as codified
in the Vienna Convention on the Law of Treaties, a reservation incompatible with the
object and purpose of the Convention shall not be permitted. The Government of the
Portuguese Republic thus objects to this reservation.
This objection shall not preclude the entry into force of the Convention between the
Portuguese Republic and the Federal Republic of Somalia.
Objection France, 29-09-2016
The Government of the French Republic has examined the reservation made on 1 October
2015 by the Federal Republic of Somalia on the occasion of the deposit of its instrument
of ratification to the United Nations Convention on the Rights of the Child, according
to which the Federal Republic of Somalia does not consider itself bound by articles
14, 20 and 21 of the above-stated Convention and any other provisions of the Convention
contrary to the General Principles of Islamic Sharia.
The French Republic considers that the reservation made by the Federal Republic of
Somalia concerning articles 14, 20 and 21 of the Convention on the Rights of the Child
is incompatible with the object and purpose of the Convention.
Consequently, the Government of the French Republic objects to the reservation made
by the Government of the Federal Republic of Somalia to the Convention on the Rights
of the Child.
This objection shall not preclude the entry into force of the Convention between the
French Republic and the Federal Republic of Somalia.
Objection Norway, 29-09-2016
The Government of Norway welcomes the ratification by the Federal Republic of Somalia
of the Convention on the Rights of the Child.
The Government of Norway has examined the reservation made by the Government of the
Federal Republic of Somalia upon ratification of the Convention, according to which
the Federal Republic of Somalia ‘does not consider itself bound by Articles 14, 20,
21 of the above stated Convention and any other provisions of the Convention contrary
to the General Principles of Islamic Sharia’.
The Government of Norway notes that the Government of the Federal Republic of Somalia
has made a general reservation in respect of the provisions of the Convention which
may be contrary to the General Principles of Islamic Sharia. The reservation is limiting
the scope of the Convention, without identifying all the provisions in question, nor
the extent of the derogation therefrom. The Government of Norway accordingly considers
that the reservation raises serious doubts as to the full commitment of the Government
of the Federal Republic of Somalia to the object and purpose of the Convention, and
undermines the basis of international treaty law. Moreover, insofar as the reservation
relates to Articles 14, 20 and 21 of the Convention, the Government of Norway considers
that, in addition to being too vague, it affects essential elements of the treaty.
The Government of Norway therefore considers the reservation made by the Federal Republic
of Somalia to be incompatible with the object and the purpose of the Convention.
The Government of Norway recalls that according to Article 51 paragraph 2 of the Convention,
a reservation incompatible with the object and purpose of the Convention shall not
be permitted. The Government of Norway therefore objects to the aforesaid reservation.
This objection does not preclude the entry into force of the Convention between the
Kingdom of Norway and the Federal Republic of Somalia. The Convention thus becomes
operative between the Kingdom of Norway and the Federal Republic of Somalia without
the Federal Republic of Somalia benefiting from the aforesaid reservation.
Objection Moldova, 30-09-2016
The Republic of Moldova has carefully examined the reservations made by the Federal
Government of Somalia on October 1, 2015 upon ratification of the Convention on the
Rights of the Child.
The Republic of Moldova considers that the reservations regarding articles 14, 20
and 21 of the mentioned Convention are incompatible with the object and purpose of
the Convention since these articles form an essential element of the Convention.
The Republic of Moldova recalls, that according to article 51, paragraph 2 of the
Convention, as well as article 19, paragraph (c) of the Vienna Convention on the
law of treaties, a reservation incompatible with the object and purpose of the Convention
shall not be permitted.
Therefore, the Republic of Moldova objects to the aforementioned reservation made
by the Federal Republic of Somalia.
The objection shall not preclude the entry into force of the Convention between the
Republic of Moldova and the Federal Republic of Somalia. The Convention enters into
force in its entirety between the Republic of Moldova and the Federal Republic of
Somalia, without the Federal Republic of Somalia benefiting from its reservation.
Objection United Kingdom, 30-09-2016
Somalia has made the following reservation: The Federal Republic of Somalia does not
consider itself bound by Articles 14, 20, 21 of the above stated Convention and any
other provisions of the Convention contrary to the General Principles of Islamic Sharia.
The UK Government notes that a reservation which consists of a general reference to
a system of law without specifying its contents does not clearly define for the other
States Parties to the Convention the extent to which the reserving State has accepted
the obligations of the Convention.
The UK Government therefore objects to the aforesaid reservation.
Spain
06-12-1990
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.
Switzerland
24-02-1997
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.
(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.
12-01-2004
The Government of Switzerland notified the Secretary-General that it had decided to
withdraw its reservation in respect of article 40, paragraph 2, subparagraph b (vi)
made upon ratification which reads as follows:
The guarantee of having the free assistance of an interpreter does not exempt the
beneficiary from the payment of any resulting costs.
08-04-2004
The Government of Switzerland informed the Secretary-General that it had decided to
withdraw its reservation in respect of article 5 made upon ratification, which reads
as follows:
The Swiss legislation concerning parental authority is unaffected.
01-05-2007
Withdrawal of reservations in respect of Article 7(2) and Article 40, paragraph 2
made upon ratification
Article 7:
The Swiss legislation on nationality, which does not grant the right to acquire Swiss
nationality, is unaffected.
Article 40, paragraph 2
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.
Syria
15-07-1993
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.
Objection Sweden, 29-03-1994
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 Syrian Arab Republic.
Objection Finland, 24-06-1994
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 Syrian Arab Republic.
Objection Italy, 18-07-1994
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.
Objection Germany, 21-09-1994
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.
Objection Norway, 25-10-1994
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 Syrian Arab Republic.
Objection Netherlands, the Kingdom of the, 06-02-1995
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 Syrian Arab Republic.
Objection Denmark, 16-11-1995
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.
06-05-1996
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.
13-06-2012
Withdrawal of reservations to articles 20 and 21 of the Convention made upon ratification.
Thailand
27-03-1992
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.
Objection Ireland, 28-09-1992
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 Thailand.
Objection Sweden, 20-07-1993
The Secretary-General received from the Government of Sweden a communication with regard to the reservations made upon accession by Thailand concerning articles 7, 22 and 29.
11-04-1997
The Government of Thailand notified the Secretary-General that it had decided to withdraw its reservation with regard to article 29.
13-12-2010
Withdrawal of reservation to article 7 of the Convention.
The remaining reservation will now read as follows:
The application of article 22 of the Convention on the Rights of the Child shall be
subject to the national laws, regulations and prevailing practices in Thailand.
30-08-2024
Withdrawal of reservation to article 22 of the Convention.
Tunisia
30-01-1992
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.
Objection Ireland, 28-09-1992
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 Tunesia.
Objection Germany, 17-03-1993
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.
01-03-2002
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.
23-09-2008
The following declaration and reservations were withdrawn:
Declaration:
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.
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.
Türkiye
14-09-1990
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.
Objection Portugal, 15-07-1992
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 Turkey.
Objection Ireland, 28-09-1992
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 Turkey.
Objection Netherlands, the Kingdom of the, 14-06-1996
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 Turkey.
United Arab Emirates
03-01-1997
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.
Objection Italy, 02-04-1998
The Government of the Italian Republic considers that the reservations to articles 14, 17 and 21 seek to limit the responsibilities of the United Arab Emirates under the Convention by invoking general principles of national law, may raise doubts as to the commitment of the United Arab Emirates 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 United Arab Emirates.
Objection Netherlands, the Kingdom of the, 06-04-1998
With regard to the reservation made to article 14 by the United Arab Emirates upon
accession 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 United Arab Emirates.
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.
Objection Austria, 16-11-1998
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 the United Arab Emirates
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 the United Arab Emirates, 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 the United
Arab Emirates ... with its obligations under the [Convention] essential for the fulfilment
of its object and purpose.
Austria could not consider the reservation made by the United Arab Emirates ... as
admissible under the regime of article 51 of the [Convention] and article 19 of the
Vienna Convention on the Law of Treaties unless the United Arab Emirates ... , 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].
United Kingdom
19-04-1990
The United Kingdom reserves the right to formulate, upon ratifying the Convention, any reservations or interpretative declarations which it might consider necessary.
16-12-1991
Declarations:
(a) The United Kingdom interprets the Convention as applicable 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.
07-09-1994
... the Convention will apply to the Isle of Man, Anguilla, Bermuda, British Virgin
Islands, Cayman Islands, Falkland Islands, Hong Kong, Montserrat, Pitcairn, Henderson,
Ducie and Oeno Islands, St. Helena, St. Helena Dependencies, South Georgia and the
South Sandwich Islands, Turks and Caicos Islands.
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.
Objection Argentina, 03-04-1995
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.
17-01-1996
... 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.
18-04-1997
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.
03-08-1999
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.
18-11-2008
...the Government of the United Kingdom withdraws the following reservations, made
at the
time of ratification of the Convention:
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.
and
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.
The withdrawal of these reservations in respect of the territory of the United Kingdom
is without prejudice to the continued applicability of the reservation and declarations
made by the United Kingdom in respect of its dependent territories.
Uruguay
26-01-1990
On signing this Convention, Uruguay reaffirms the right to make reservations upon ratification, if it considers it appropriate.
20-11-1990
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
13-09-1990
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.
Yugoslavia (< 25-06-1991)
03-01-1991
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.