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Convention concerning the powers of authorities and the law applicable in respect of the protection of infants

Parties with reservations, declarations and objections

Party Reservations / Declarations Objections
Austria Yes No
China Yes No
France Yes No
Lithuania Yes No
Luxembourg Yes No
Netherlands, the Kingdom of the Yes No
Poland Yes No
Portugal Yes No
Spain Yes No
Switzerland Yes No
Turkey Yes No

Austria

12-03-1975

The Republic of Austria, in accordance with article 13, paragraph 3 of the Convention concerning the powers of authorities and the law applicable in respect of the protection of infants, reserves the right to limit the application of the Convention to infants who are nationals of one of the contracting states.


08-06-1990

[...] withdraws the reservation referred to in Article 13, third paragraph, of the Convention made on the occasion of its ratification.
The reservation will cease to have effect on 7 August 1990.

China

07-10-1999

In accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of the Republic of Portugal on the Question of Macao (hereinafter referred to as the Joint Declaration), the Government of the People's Republic of China will resume the exercise of sovereignty over Macao with effect from 20 December 1999. Macao will from that date, become a Special Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central People's Government of the People's Republic of China.
It is Provided both in Section VIII of Elaboration by the Government of the People's Republic of China of its Basic Policies Regarding Macao, which is annex I to the Joint Declaration, and Article 138 of the Basic Law of Macao Special Administrative Region of the People's Republic of China, which was adopted on 31 March 1993 by the National People's Congress of the People's Republic of China, that international agreements to which Government of the People's Republic of China is not yet a party but which are implemented in Macao may continue to be implemented in the Macao Special Administrative Region.
In accordance with the provisions mentioned above: [...]
Convention Concerning the Powers of Authorities and the Law Applicable in respect of the Protection of Minors, done at the Hague on 5 October 1961 (hereinafter referred to as the "Convention"), which applies to Macao at present, will continue to apply to the Macao Special Administrative Region with effect from 20 December 1999.
Within the above ambit, the Government of the People's Republic of China will assume the responsibility for the international rights and obligations that place on a party to the Convention.

France

29-11-1961

With the reservation provided for in Article fifteen.


28-02-1984

[...] communicated the withdrawal of its reservation made in respect of the application of Article 15 of the Convention in conformity with Article 25.
The reservation will pursuant to Article 23, paragraph 4, of the Convention cease to have effect on 28 April 1984.

Lithuania

23-10-2001

[...] the Republic of Lithuania reserves the right for its authorities empowered to decide on a petition for annulment, dissolution or modification of the marital relationship of the parents of an infant, to take measures for the protection of his person or property.

Luxembourg

03-01-1963

1) In accordance with article 13, paragraph 3, the State of Luxembourg reserves the right to limit the application of the present Convention to infants who are nationals of one of the Contracting States.
2) In accordance with article 15, paragraph 1, the State of Luxembourg reserves the jurisdiction of its authorities empowered to decide on a petition for annulment, dissolution or modification of the marital relationship of the parents of an infant, to take measures for the protection of his person or property.

Netherlands, the Kingdom of the

20-07-1971

- that the application of the Convention be limited to infants who are nationals of a Contracting State;
- that the authorities of the Kingdom of the Netherlands remain competent to take measures for the protection of the person or property of an infant, in the event that these authorities are empowered to decide on a petition for annulment, dissolution or modification of the marital relationship of the parents of the infant in question.


29-01-1982

[...] notified [...] of the withdrawal for the Kingdom in Europe and for the Netherlands Antilles of the reservations made at the time of ratification.
The withdrawal will take effect on 30 March 1982.


18-10-2010

The Kingdom of the Netherlands consisted of three parts: the Netherlands, the Netherlands Antilles and Aruba. The Netherlands Antilles consisted of the islands of Curaçao, Sint Maarten, Bonaire, Sint Eustatius and Saba.
With effect from 10 October 2010, the Netherlands Antilles ceased to exist as a part of the Kingdom of the Netherlands. Since that date, the Kingdom consists of four parts: the Netherlands, Aruba, Curaçao and Sint Maarten. Curaçao and Sint Maarten enjoy internal self-government within the Kingdom, as Aruba and, up to 10 October 2010, the Netherlands Antilles do.
These changes constitute a modification of the internal constitutional relations within the Kingdom of the Netherlands. The Kingdom of the Netherlands will accordingly remain the subject of international law with which agreements are concluded. The modification of the structure of the Kingdom will therefore not affect the validity of the international agreements ratified by the Kingdom for the Netherlands Antilles. These agreements, including any reservations made, will continue to apply to Curaçao and Sint Maarten.
The other islands that have formed part of the Netherlands Antilles - Bonaire, Sint Eustatius and Saba - became part of the Netherlands, thus constituting 'the Caribbean part of the Netherlands'. The agreements that applied to the Netherlands Antilles will also continue to apply to these islands; however, the Government of the Netherlands will now be responsible for implementing these agreements.

Poland

26-05-1993

Pursuant to Article 15 of the Convention concerning the powers of authorities and the law applicable in respect of the protection of minors, the Republic of Poland reserves the jurisdiction of its authorities empowered to decide on a petition for annulment, dissolution or modification of the marital relationship of the parents of a minor, to take measures for the protection of his person or property.

Portugal

31-01-1969

Portugal declared to extend the application of the Convention to the whole of the territories of the Portuguese Republic.


29-09-1999

In accordance with the Joint Declaration of the Government of the Portuguese Republic and of the Government of the People's Republic of China on the question of Macau, signed in Beijing on 13 April 1987, the Government of the Portuguese Republic will remain internationally responsible for Macau until 19 December 1999, the People's Republic of China resuming from that date the exercise of sovereignty over Macau, with effect from 20 December 1999.
From 20 December 1999 the Portuguese Republic will cease to be responsible for the international rights and obligations arising from the application of the Convention in Macau.

Spain

22-05-1987

The Spanish State limits the application of the Convention to minors having the nationality of a Contracting State.
The Spanish State reserves the jurisdiction of its authorities empowered to decide on a petition for annulment, dissolution or modification of the marital relationship of the father and the mother of a minor, to take measures for the protection of his person or property.


20-06-1995

[...] informed [...] of the withdrawal by Spain of the reservations, made on the occasion of its ratification on 22 May 1987 of the Convention.
In accordance with Article 23, fourth paragraph, these reservations will cease to have effect on 19 August 1995.

Switzerland

09-12-1966

Switzerland makes use of the reservation provided for in article 15 of the Convention and will consider the court empowered to decide on the nullity of a marriage, or on divorce or legal separation as competent to take measures, within the scope of article 133, paragraph 2, and articles 156 and 157 of the Swiss Civil Code, for the protection of the person or property of an infant.


29-03-1993

[...] informed [...] of the withdrawal by Switzerland of the reservation with regard to Article 15, first paragraph, of the Convention made on the occasion of its ratification on 9 December 1966.
In accordance with Article 23, fourth paragraph, the reservation will cease to have effect on 29 May 1993.

Turkey

25-08-1983

In accordance with article 15 of the Convention, the Republic of Turkey reserves the jurisdiction of its courts empowered to decide on a petition for annulment, dissolution or modification of the marital relationship of the parents of an infant, to take measures for the protection of his person or property.

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