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Algerije
22-05-1996
Article 2: The Government of the People's Democratic Republic of Algeria declares
that it is prepared to apply the provisions of this article on condition that they
do not conflict with the provisions of the Algerian Family Code.
[...]
Article 15, paragraph 4: The Government of the People's Democratic Republic of Algeria
declares that the provisions of article 15, paragraph 4, concerning the right of women
to choose their residence and domicile should not be interpreted in such a manner
as to contradict the provisions of chapter 4 (art. 37) of the Algerian Family Code.
Article 16: The Government of the People's Democratic Republic of Algeria declares
that the provisions of article 16 concerning equal rights for men and women in all
matters relating to marriage, both during marriage and at its dissolution, should
not contradict the provisions of the Algerian Family Code.
Article 29: The Government of the People's Democratic Republic of Algeria does not
consider itself bound by article 29, paragraph 1, which states that any dispute between
two or more Parties concerning the interpretation or application of the Convention
which is not settled by negotiation shall, at the request of one of them, be submitted
to arbitration or to the International Court of Justice.
The Government of the People's Democratic Republic of Algeria holds that no such dispute
can be submitted to arbitration or to the Court of International Justice except with
the consent of all the parties to the dispute.
Bezwaar Duitsland, 19-06-1997
In respect of the reservation made by Algeria, the Federal Republic of Germany also holds the view that the reservation made by Algeria regarding article 7 of the Convention is likewise incompatible with the object and purpose of the Convention because for all matters which concern national security it reserves in a general and thus unspecific manner the right of the Government of Algeria to apply the provisions only within the limits established by national laws, regulations and practices.
Bezwaar Nederlanden, het Koninkrijk der, 01-07-1997
The Government of the Kingdom of the Netherlands considers [...] that such reservations,
which seeks to limit the responsibilities of the reserving State under the Convention
by invoking the general principles of national law and the Constitution, may raise
doubts as to the commitment of this 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 should be respected, as to object and purpose, by all parties.
The Government of the Kingdom of the Netherlands further considers that the reservations
made by Algeria regarding article 2 (f), article 5 (a), article 9 and article 16 of
the Convention are incompatible with the object and purpose of the Convention.
The Government of the Kingdom of the Netherlands therefore objects to the above-mentioned
reservations. This objection shall not preclude the entry into force of the Convention
between the Kingdom of the Netherlands and Algeria.
Bezwaar Noorwegen, 03-07-1997
In the view of the Government of Norway, a statement by which a State Party purports
to limit its responsibilities under the Convention by invoking general principles
of internal or religious law may create doubts about the commitment of the reserving
State to the object and purpose of the Convention and, moreover, contribute to undermining
the basis of international treaty law. Under well-established international treaty
law, a State is not permitted to invoke internal law as justification for its failure
to perform its treaty obligations. Furthermore, the Government of Norway considers
that reservation made by the Government of Algeria with respect to certain specific
provisions of the Convention is so extensive as to be contrary to the object and purpose
of the Convention, and thus not permitted under article 28, paragraph 2, of the Convention.
For these reasons, the Government of Norway objects to the reservations made by the
Government of Algeria.
The Government of Norway does not consider this objection to preclude the entry into
force of the Convention between the Kingdom of Norway and Algeria.
Bezwaar Zweden, 04-08-1997
Several Governments (Sweden) notified the Secretary-General that they consider the reservations made by the Government of Algeria upon accession as incompatible with the object and purpose of the said Convention and, therefore, prohibited by virtue of its article 28 (2).
Bezwaar Portugal, 14-08-1997
Several Governments (Portugal) notified the Secretary-General that they consider the reservations made by the Government of Algeria upon accession as incompatible with the object and purpose of the said Convention and, therefore, prohibited by virtue of its article 28 (2).
Bezwaar Denemarken, 24-03-1998
Several Governments (Denmark) notified the Secretary-General that they consider the reservations made by the Government of Algeria upon accession as incompatible with the object and purpose of the said Convention and, therefore, prohibited by virtue of its article 28 (2).
Argentinië
15-07-1985
The Government of Argentina declares that it does not consider itself bound by article 29, paragraph 1, of the Convention on the Elimination of All Forms of Discrimination against Women.
Australië
28-07-1983
The Government of Australia states that maternity leave with pay is provided in respect
of most women employed by the Commonwealth Government and the Governments of New South
Wales and Victoria. Unpaid maternity leave is provided in respect of all other women
employed in the State of New South Wales and elsewhere to women employed under Federal
and some State industrial awards. Social Security benefits subject to income tests
are available to women who are sole parents.
The Government of Australia advises that it is not at present in a position to take
the measures required by article 11 (2) to introduce maternity leave with pay or with
comparable social benefits throughout Australia.
The Government of Australia advises that it does not accept the application of the
Convention in so far as it would require alteration of Defence Force policy which
excludes women from combat duties.
Australia has a Federal Constitutional System in which Legislative, Executive and
Judicial Powers are shared or distributed between the Commonwealth and the Constituent
States. The implementation of the Treaty throughout Australia will be effected by
the Commonwealth State and Territory Authorities having regard to their respective
constitutional powers and arrangements concerning their exercise.
14-12-2018
Whereas on 28 July 1983, the Government of Australia ratified, for and on behalf of
Australia and subject to certain reservations, the Convention on the Elimination of
All Forms of Discrimination against Women, done at New York on 18 December 1979;
The Government of Australia having considered the reservations, hereby withdraws that
part of the reservations which states:
The Government of Australia advises that it does not accept the application of the
Convention in so far as it would require alteration of Defence Force policy which
excludes women from combat duties.
Bahama's
06-10-1993
The Government of the Commonwealth of the Bahamas does not consider itself bound by
the provisions of article 2 (a) of the Convention.
The Government of the Commonwealth of the Bahamas does not consider itself bound by
the provisions of article 9, paragraph 2, of the Convention.
The Government of the Commonwealth of the Bahamas does not consider itself bound by
the provisions of article 29, paragraph 1, of the Convention.
Bahrein
18-06-2002
[...] the Kingdom of Bahrain makes reservations with respect to the following provisions
of the Convention:
- Article 2, in order to ensure its implementation within the bounds of the provisions
of the Islamic Shariah;
- Article 9, paragraph 2;
- Article 15, paragraph 4;
- Article 16, in so far as it is incompatible with the provisions of the Islamic Shariah;
- Article 29, paragraph 1.
Bezwaar Nederlanden, het Koninkrijk der, 22-11-2002
The Government of the Kingdom of the Netherlands has examined the reservations made
by the Government of Bahrain at the time of its accession to the Convention on the
Elimination of All Forms of Discrimination against Women.
The Government of the Kingdom of the Netherlands considers that the reservations with
respect to article 9, paragraph 2, and article 15, paragraph 4, of the Convention
are reservations incompatible with the object and purpose of the Convention.
Furthermore, the Government of the Kingdom of the Netherlands considers that the reservations
with respect to articles 2 and 16 of the Convention, concerning the Islamic Shariah
of Bahrain, reservations which seek to limit the responsibilities of the reserving
State under the Convention by invoking the Islamic Shariah, may raise doubts as to
the commitment of this State to the object and purpose of the Convention and, moreover,
contribute to undermining the basis of international treaty law.
The Government of the Kingdom of the Netherlands recalls that, according to paragraph
2 of Article 28 of the Convention, a reservation incompatible with the object and
purpose of the Convention shall not be permitted.
It is in the common interest of States that treaties to which they have chosen to
become party are respected, as to their object and purpose, by all parties and that
States are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties.
The Government of the Kingdom of the Netherlands therefore objects to the aforesaid
reservations made by the Government of Bahrain to the Convention on the Elimination
of All Forms of Discrimination against Women.
This objection shall not preclude the entry into force of the Convention between the
Kingdom of the Netherlands and Bahrain.
Bezwaar Zweden, 27-11-2002
The Government of Sweden has examined the reservation made by Bahrain upon acceding
to the Convention on the Elimination of All Forms of Discrimination Against Women,
regarding articles 2, 9(2), 15(4) and 16.
The reservation to articles 9(2) and 15(4), if put into practice, would inevitably
result in discrimination against women on the basis of sex, which is contrary to the
object and purpose of the Convention. It should be borne in mind that the principles
of the equal rights of men and women and of non-discrimination on the basis of sex
are set forth in the Charter of the United Nations as one of the purposes of the organisation,
as well as in the Universal Declaration of Human Rights of 1948.
The reservation to articles 2 and 16 make general references to Islamic sharia. The
Government of Sweden is of the view that, in absence of further clarification, this
reservation which does not clearly specify the extent of Bahrain's derogation from
the provisions in question raises serious doubts as to the commitment of Bahrain to
the object and purpose of the Convention.
According to article 28(2) of the Convention, reservations incompatible with the object
and purpose of the Convention shall not be permitted. It is in the common interest
of States that treaties to which they have chosen to become parties are respected
as to their object and purpose, by all parties, and that States are prepared to undertake
any legislative changes necessary to comply with their obligations under the treaties.
The Government of Sweden objects to the aforesaid reservations made by the Government
of Bahrain to the Convention on the Elimination of All Forms of Discrimination Against
Women and considers the reservation null and void.
This objection shall not preclude the entry into force of the Convention between Bahrain
and Sweden. The Convention enters into force in its entirety between the two States,
without Bahrain benefiting from its reservation.
Bezwaar Duitsland, 18-02-2003
The Government of the Federal Republic of Germany has examined the reservations to
the Convention on the Elimination of All Forms of Discrimination against Women made
by the Government of the Kingdom of Bahrain at the time of accession to the Convention.
The Government of the Federal Republic of Germany is of the view that the reservations
with regard to the compatibility of the rules of articles 2 and 16 of the Convention
with the precepts of Islamic Shariah raises doubts as to the commitment of the Kingdom
of Bahrain to fulfil its obligations under the Convention. These reservations are
therefore incompatible with the object and purpose of the Convention.
The reservations to article 9 paragraph 2 and article 15 paragraph 4, if put into
practice, would inevitably result in discrimination against women on the basis of
sex, which is incompatible with the object and purpose of the Convention.
According to article 28 paragraph 2 of the Convention reservations incompatible with
the object and purpose of the Convention shall not be permitted.
Therefore, the Government of the Federal Republic of Germany objects to the aforesaid
reservations made by the Government of the Kingdom of Bahrain to the Convention.
This objection does not preclude the entry into force of the Convention between the
Federal Republic of Germany and the Kingdom of Bahrain.
Bezwaar Denemarken, 28-02-2003
The Government of Denmark has examined the reservations made by the Government of
Bahrain upon accession to the Convention on the Elimination of All Forms of Discrimination
Against Women regarding article 2, paragraph 2 of article 9, paragraph 4 of article
15 and article 16.
The Government of Denmark finds that the reservation to articles 2 and 16 with reference
to the provisions of Islamic Sharia is of unlimited scope and undefined character.
Consequently, the Government of Denmark considers the said reservations as being incompatible
with the object and purpose of the Convention and accordingly inadmissible and without
effect under international law.
The Government of Denmark furthermore notes that the reservations to paragraph 2 of
article 9 and to paragraph 4 of article 15 of the Convention seek to exclude an obligation
of non-discrimination, which is the aim of the Convention. The Government of Denmark
finds that these reservations made by the Government of Bahrain are not in conformity
with the object and purpose of the Convention.
The Government of Denmark therefore objects to the aforementioned reservations made
by the Government of Bahrain to the Convention on the Elimination of all Forms of
Discrimination Against Women. This shall not preclude the entry into force of the
Convention in its entirety between Bahrain and Denmark.
The Government of Denmark recommends the Government of Bahrain to reconsider its reservations
to the Convention on the Elimination of All Forms of Discrimination against Women.
Bezwaar Finland, 10-03-2003
The Government of Finland has carefully examined the contents of the reservations
made by the Government of Bahrain to Article 2, paragraph 2 of Article 9, paragraph
4 of Article 15 and to Article 16 of the Convention on the Elimination of all Forms
of Discrimination Against Women.
The Government of Finland notes that a reservation which consists of a general reference
to religious or other national law without specifying its contents does not clearly
define to other Parties to the Convention the extent to which the reserving State
commits itself to the Convention and therefore creates serious doubts as to the commitment
of the receiving State to fulfil its obligations under the Convention. Such reservations
are 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.
The Government of Finland further notes that the reservations made by Bahrain, addressing
some of the most essential provisions of the Convention, and aiming to exclude some
of the fundamental obligations under it, are in contradiction with the object and
purpose of the Convention.
The Government of Finland also recalls Part VI, Article 28 of the Convention according
to which reservations incompatible with the object and purpose of the Convention are
not permitted.
The Government of Finland therefore objects to the above-mentioned reservations made
by the Government of Bahrain to the Convention.
This objection does not preclude the entry into force of the Convention between Bahrain
and Finland. The Convention will thus become operative between the two states without
Bahrain benefiting from its reservations.
Bezwaar Oostenrijk, 31-03-2003
The Government of Austria has examined the reservation to the Convention on the Elimination
of all forms of Discrimination against Women made by the Government of the Kingdom
of Bahrain in its note to the Secretary-General of 18 June 2002, regarding articles
2, 9(2), 15(4) and 16.
The reservation to articles 9(2) and 15(4), if put into practice, would inevitably
result in discrimination against women on the basis of sex. This is contrary to the
object and purpose of the Convention.
The Government of Austria further considers that, in the absence of further clarification,
the reservation to articles 2 and 16 which does not clearly specify the extent of
Bahrain's derogation from the provisions in question raises doubts as to the degree
of commitment assumed by Bahrain in becoming a party to the Convention since it refers
to the contents of Islamic Sharia.
The Government of Austria would like to recall that, according to art. 28(2) of the
Convention as well as 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.
It is in the common interest of States that treaties to which they have chosen to
become parties are respected as to their object and purpose, by all parties, and that
States are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties.
For these reasons, the Government of Austria objects to this reservation made by the
Government of Bahrain.
This position, however, does not preclude the entry into force in its entirety of
the Convention between Bahrain and Austria.
Bezwaar Frankrijk, 25-04-2003
The Government of the Republic of France has examined the reservations made by the
Government of the Kingdom of Bahrain upon accession to the Convention on the Elimination
of All Forms of Discrimination against Women of 18 December 1979. The Government of
the Republic of France considers that, by making the implementation of articles 2
and 16 of the Convention subject to respect for the Islamic Shariah, the Government
of the Kingdom of Bahrain is making two reservations of such a general and indeterminate
scope that it is not possible to ascertain which changes to obligations under the
Convention they are intended to introduce. Consequently, the Government of France
considers that the reservations as formulated could make the provisions of the Convention
completely ineffective. For these reasons, the Government objects to the reservations
made in respect of articles 2 and 16 of the Convention, which it considers to be reservations
likely to be incompatible with the object and purpose of the Convention.
The Government of France objects to the reservations made in respect of article 9,
paragraph 2, and article 15, paragraph 4, of the Convention.
The Government of France notes that these objections shall not preclude the entry
into force of the Convention on the Elimination of All Forms of Discrimination against
Women between Bahrain and France.
Bezwaar Griekenland, 13-06-2003
The Government of the Hellenic Republic has examined the reservations made by the
Government of the Kingdom of Bahrain upon accession to the Convention on the Elimination
of all Forms of Discrimination Against Women.
The Government of the Hellenic Republic considers that the reservations with respect
to articles 2 and 16, which contain a reference to the provisions of the Islamic Sharia
are of unlimited scope and, therefore, incompatible with the object and purpose of
the Convention.
The Government of the Hellenic Republic recalls that, according to article 28 (para
2) of the Convention, a reservation incompatible with the object and purpose of the
Convention shall not be permitted.
The Government of the Hellenic Republic therefore objects to the aforementioned reservations
made by the Government of the Kingdom of Bahrain to the Convention on the Elimination
of all Forms of Discrimination Against Women. This shall not preclude the entry into
force of the Convention in its entirety between Bahrain and Greece.
Bezwaar Verenigd Koninkrijk, 26-06-2003
The Government of the United Kingdom have examined the reservations made by the Government
of the Kingdom of Bahrain to the Convention on the Elimination of All Forms of Discrimination
Against Women (New York, 18 December 1979) on 18 June 2002 in respect of Article 2,
in order to ensure its implementation within the bounds of the provisions of the Islamic
Shariah; and Article 16, in so far as it is incompatible with the provisions of the
Islamic Shariah.
The Government of the United Kingdom note that a reservation which consists of a general
reference to national 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 Government of the United Kingdom
therefore object to the aforesaid reservations made by the Government of the Kingdom
of Bahrain.
This objection shall not preclude the entry into force of the Convention between the
United Kingdom of Great Britain and Northern Ireland and the Kingdom of Bahrain.
11-06-2016
Having examined the Decree Law Number 5 for the year 2002, issued by His Majesty the
King of the Kingdom of Bahrain, on 18 Dhul Hijjah 1422 H, corresponding to 2 March
2002, regarding the accession to the Convention on the Elimination of All Forms of
Discrimination against Women, and Article Two of this Decree which stipulates that
the Kingdom of' Bahrain makes reservations with respect to the following provisions
of the Convention:
- Article 2 to ensure that its implementation within the bound of the provisions of
the Islamic Shariah.
- Article 9 paragraph 2.
- Article 15 paragraph 4.
- Article 16 in so far as it is incompatible with the Islamic Shariah.
- Article 29 paragraph 1.
And on the basis of the Decree Law Number 70 for the year 2014, issued by His Majesty
the King of the Kingdom of Bahrain, on 4 Safar 1436 H, corresponding to 26 November
2014, amending some provisions of the Decree Law Number 5 for the year 2002, regarding
the accession to the Convention on the Elimination of All Forms of Discrimination
Against Women, which was approved by both the Council of Representatives on 27 Jumaadal
Akhara, 1437 H. corresponding to 5 April 2016, and the Shura Council on 17 Rajab 1437
H, corresponding to 24 April 2016.
The Government of the Kingdom of Bahrain hereby declares:
- The Kingdom of Bahrain continues to make reservations with respect to para. 2 of
Article 9 and para. 1 of Article 29 of the Convention on the Elimination of All Forms
of Discrimination against Women. These Reservations are combined in Article One of
the Decree Law Number 70 for the year 2014 which stipulates that “Article Two of the
Decree Law Number 5 for the year 2002 regarding the accession to the Convention on
the Elimination of All Forms of Discrimination against Women, be replaced with the
following text:
Article Two:
The Kingdom of Bahrain makes reservation with respect to paragraphs 2 of Article 9,
and 1 of Article 29 of the Convention on the Elimination of All Forms of Discrimination
against Women,
- The Kingdom of Bahrain continues to make reservations with respect to Article 2
and Article 16 of the Convention on the Elimination of All Forms of Discrimination
against Women in a new formulation. The new formula of the reservation states that
the implementation of these articles will be “without breaching the provisions of
the Islamic Shariah.
- The Kingdom of Bahrain continues to make reservation with respect to para. 4 of
Article 15 of the Convention on the Elimination of All Forms of Discrimination against
Women in a new formulation which narrows the scope of this reservation. The new formula
of the reservation states that the implementation of para. 4 of Artic1e 15 will be
“without breaching the provisions of the Islamic Shariah.
- Combining the reservations with respect to Article 2, para. 4 of Article 15, and
Article 16 in Article Two of the Decree Law Number 70 for the year 20 14, under a
new and one formula of Reservation. The new formula states that the implementation
of these Articles will be “without breaching the provisions of the Islamic Shariah”,
whereas Article Two of the Decree Law Number 70 for the 2014, stipulates that “a new
Article is added to the Decree Law Number 5 for the year 2002 regarding the accession
of the Convention on the Elimination of All Forms of Discrimination against Women
under number two bis, the text of which is as follows:
Article Two bis:
The Kingdom of Bahrain is committed to implement the provisions of Articles 2, 15
paragraph 4 and 16 of the Convention on the Elimination of All Forms of Discrimination
against Women without breaching the provisions of the Islamic Shariah”.
The Government of Bahrain indicated that the modifications do not imply an expansion
of the scope of the original reservations and that they constitute editorial amendments
that do not place any limitations on Bahrain’s commitments made upon accession to
the Convention.
Bezwaar Canada, 25-07-2017
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 Secretary-General's
note C.N.578.2016.TREATIES-IV.8 (Depositary Notification), dated August 5, 2016, which
communicated that the Secretary-General has received from the Kingdom of Bahrain a
modification of reservations made upon accession with respect to the Convention on
the Elimination of All Forms of Discrimination against Women.
The Permanent Mission of Canada to the United Nations hereby informs that the Government
of Canada notes that the Kingdom of Bahrain continues to make reservations to articles
2, 9 (paragraph 2), 15 (paragraph 4), 16 and 29 (paragraph 1) of the Convention on
the Elimination of All Forms of Discrimination against Women.
The Government of Canada has given careful consideration to the Kingdom of Bahrain's
reservations to Articles 2 and 16, which subordinate the provisions of the Convention
to Islamic Shariah. The Government of Canada notes that these reservations consist
of a general reference to religious and national law, without specifying the content
or scope of these restrictions. The Government of Canada notes that these reservations
do not clearly define to other Parties to the Convention the extent to which the Kingdom
of Bahrain commits itself to the Convention. As such, the Government of Canada considers
that these reservations constitute a reservation of general scope that may cast doubts
on the full commitment of the Kingdom of Bahrain to fulfil its obligations under the
Convention.
The Government of Canada considers Articles 2 and 16 to be core provisions of the
Convention. As such, reservations to those articles, whether lodged for national,
traditional, religious or cultural reasons, are incompatible with the object and purpose
of the Convention and therefore impermissible.
The reservations to articles 9 (paragraph 2) and 15 (paragraph 4) exclude the obligations
under those provisions to eliminate discrimination against women on the basis of sex.
They are therefore contrary to the object and purpose of the Convention and, pursuant
to article 28 (paragraph 2), not permitted.
The Government of Canada recalls that by acceding to the Convention, a State commits
itself to adopt the measures required for the elimination of discrimination against
women in all its forms and manifestations.
For these reasons, the Government of Canada objects to the reservations made by the
Kingdom of Bahrain to articles 2, 9 (paragraph 2), 15 (paragraph 4), and 16 of the
Convention on the Elimination of All Forms of Discrimination against Women. This objection
does not preclude the entry into force of the Convention between the Kingdom of Bahrain
and Canada.
Bezwaar Duitsland, 01-08-2017
The Government of the Federal Republic of Germany has examined the reservations submitted
on August 5, 2016 by Bahrain regarding the Convention on the Elimination of All Forms
of Discrimination against Women of December 18, 1979.
The Government of the Federal Republic of Germany considers that the reservations
are incompatible with the object and purpose of the Convention. The Government of
the Federal Republic of Germany therefore objects to these reservations.
This objection shall not preclude the entry into force of the Convention between the
Federal Republic of Germany and Bahrain.
Bezwaar Verenigd Koninkrijk, 01-08-2017
The Government of the United Kingdom notes that a modification of the Kingdom of Bahrain’s
reservations to the Convention on the Elimination of All Forms of Discrimination Against
Women (“the Convention”) was received on 5 August 2016.
The Government of the United Kingdom notes that the Kingdom of Bahrain has substantively
modified its reservations in respect of Article 2; Article 15, paragraph 4; and Article
16, stating that the implementation of these Articles will be “without breaching the
provisions of the Islamic Shariah”.
Notwithstanding that the Government of Bahrain has indicated that the modifications
do not imply an extension of the original reservations, and that they instead constitute
editorial amendments that do not place any limitations on Bahrain’s commitments upon
accession, the Government of the United Kingdom notes that a condition of compatibility
with another system of law has been added to the reservation to Article 15, paragraph
4; and has been reformulated in respect of the reservations to Articles 2 and 16.
The Government of the United Kingdom further 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 Government
of the United Kingdom of Great Britain and Northern Ireland therefore objects to the
aforesaid reservations in respect of Article 2; Article 15, paragraph 4; and Article
16.
Bezwaar Nederlanden, het Koninkrijk der, 03-08-2017
The Government of the Kingdom of the Netherlands has examined the reservations made
by the Government of Bahrain on 5 August 2016 to the Convention on the Elimination
of All Forms of Discrimination against Women.
The Government of the Kingdom of the Netherlands, with reference to its objection
to the reservations made by the Government of Bahrain at the time of its accession
to the Convention on the Elimination of All Forms of Discrimination against Women,
considers the reservations made on 5 August 2016 incompatible with the object and
purpose of the Convention.
The Government of the Kingdom of the Netherlands recalls that, according to paragraph
2 of Article 28 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 the aforesaid reservations made by the Government
of Bahrain to the Convention on the Elimination of All Forms of Discrimination against
Women.
This objection shall not preclude the entry into force of the Convention between the
Kingdom of the Netherlands and Bahrain.
Bangladesh
06-11-1984
The Government of the People's Republic of Bangladesh does not consider as binding upon itself the provisions of article 2, [...] as they conflict with Sharia law based on Holy Quran and Sunna.
Bezwaar Mexico, 21-02-1985
The Government of the United Mexican States has studied the content of the reservations
made by Bangladesh to article 2, [...] of the Convention and has concluded that they
should be considered invalid in the light of article 28, paragraph 2, of the Convention,
because they are incompatible with its object and purpose.
Indeed, these reservations, if implemented, would inevitably result in discrimination
against women on the basis of sex, which is contrary to all the articles of the Convention.
The principles of equal rights of men and women and non-discrimination on the basis
of sex, which are embodied in the second preambular paragraph and Article 1, paragraph
3, of the Charter of the United Nations, to which Bangladesh is a signatory, and in
articles 2 and 16 of the Universal Declaration of Human Rights of 1948, were previously
accepted by the Government of Bangladesh when it acceded, [...] to the International
Covenant on Civil and Political Rights and the International Covenant on Economic,
Social and Cultural Rights. The above principles were stated in article 2, paragraph
1, and article 3 of the former Covenant and in article 2, paragraph 2, and article
3 of the latter. Consequently, it is inconsistent with these contractual obligations
previously assumed by Bangladesh for its Government now to claim that it has reservations,
on the same subject, about the 1979 Convention.
Bezwaar Duitsland, 10-07-1985
The Federal Republic of Germany considers that the reservations made by Bangladesh regarding article 2, [...] are incompatible with the object and purpose of the Convention (article 28, paragraph 2) and therefore objects to them. In relation to the Federal Republic of Germany, they may not be invoked in support of a legal practice which does not pay due regard to the legal status afforded to women and children in the Federal Republic of Germany in conformity with the above-mentioned articles of the Convention. This objection shall not preclude the entry into force of the Convention as between Bangladesh and the Federal Republic of Germany.
Bezwaar Zweden, 17-03-1986
The Government of Sweden considers that the reservations regarding article 2, [...]
are incompatible with the object and purpose of the Convention (article 28, paragraph
2) and therefore objects to them.
Indeed the reservations in question, if put into practice, would inevitably result
in discrimination against women on the basis of sex, which is contrary to everything
the Convention stands for. It should also be borne in mind that the principles of
the equal rights of men and women and of non-discrimination on the basis of sex are
set forth in the Charter of the United Nations as one of its purposes, in the Universal
Declaration of Human Rights of 1948 and in various multilateral instruments, to which
Bangladesh is a party.
[...]
In this context the Government of Sweden wishes to take this opportunity to make the
observation that the reason why reservations incompatible with the object and purpose
of a treaty are not acceptable is precisely that otherwise they would render a basic
international obligation of a contractual nature meaningless. Incompatible reservations,
made in respect of the Convention on the elimination of all forms of discrimination
against women, do not only cast doubts on the commitments of the reserving states
to the objects and purpose of this Convention, but moreover, contribute to undermine
the basis of international contractual 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 other parties.
Bezwaar Nederlanden, het Koninkrijk der, 23-07-1991
The Government of the Kingdom of the Netherlands considers that the reservations made
by Bangladesh regarding article 2, [...] are incompatible with the object and purpose
of the Convention (article 28, paragraph 2).
These objections shall not preclude the entry into force of the Convention as between
Bangladesh and the Kingdom of the Netherlands.
Brazilië
01-02-1984
[...]
Furthermore, Brazil does not consider itself bound by article 29, paragraph 1, of
the above-mentioned Convention.
Brunei
24-05-2006
The Government of Brunei Darussalam expresses its reservations regarding those provisions of the said Convention that may be contrary to the Constitution of Brunei Darussalam and to the beliefs and principles of Islam, the official religion of Brunei Darussalam and, without prejudice to the generality of the said reservations, expresses its reservations regarding paragraph 2 of Article 9 and paragraph 1 of Article 29 of the Convention.
Bezwaar Denemarken, 06-10-2006
The Government of Denmark has examined the reservations made by the Government of
Brunei Darussalam upon accession to the Convention on the Elimination of all Forms
of Discrimination Against Women regarding article 9 (2) and all provisions of the
Convention not in accordance with the principles of Islam.
The Government of Denmark finds that the general reservation made by the Government
of Brunei Darussalam with reference to the principles of Islam is of unlimited scope
and undefined character. The Government of Denmark furthermore notes that the reservation
to article 9 (2) would inevitably result in the discrimination against women on the
basis of sex, which is contrary to the object and purpose of the Convention. Consequently,
the Government of Denmark considers the said reservations to be incompatible with
the object and purpose of the Convention and accordingly inadmissible and without
effect under international law.
The Government of Denmark wishes to recall that, according to article 28 (2) of the
Convention, reservations incompatible with the object and purpose of the Convention
shall not be permitted.
The Government of Denmark therefore objects to the aforementioned reservations made
by the Government of Brunei Darussalam to the Convention on the Elimination of all
Forms of Discrimination Against Women. This shall not preclude the entry into force
of the Convention in its entirety between Brunei Darussalam and Denmark.
The Government of Denmark recommends the Government of Brunei Darussalam to reconsider
its reservations to the Convention on the Elimination of all Forms of Discrimination
Against Women.
Bezwaar Estland, 04-12-2006
The Government of the Republic of Estonia has carefully examined the reservations
made by the Government of Brunei Darussalam to Article 9, paragraph 2 of the Convention
on the Elimination of all Forms of Discrimination Against Women.
The reservation to Article 9, paragraph 2, if put into practice, would inevitably
result in discrimination against women on the basis of sex, which is contrary to the
object and purpose of the Convention.
Furthermore, the reservation made by Brunei Darussalam makes a general reference to
the Constitution of Brunei Darussalam and to the beliefs and principles of Islam.
The Government of Estonia is of the view that in the absence of further clarification,
the reservation makes it unclear to what extent the State of Brunei Darussalam considers
itself bound by the obligations of the Convention and therefore raises concerns as
to the commitment of the State of Brunei Darussalam to the object and purpose of the
Convention.
According to Article 28, paragraph 2 of the Convention, a reservation incompatible
with the object and purpose of the Convention shall not be permitted.
The Government of Estonia therefore objects to the reservation to Article 9, paragraph
2, and to the general reservation regarding the Constitution of Brunei Darussalam
and to the beliefs and principles of Islam, made by the Government of Brunei Darussalam
to the Convention on the Elimination of all Forms of Discrimination Against Women.
This objection shall not preclude the entry into force of the Convention on the Elimination
of all Forms of Discrimination Against Women as between the Republic of Estonia and
the State of Brunei Darussalam.
Bezwaar Letland, 06-12-2006
The Government of the Republic of Latvia has carefully examined the reservations made
by the Brunei Darussalam to the Convention on the Elimination of All Forms of Discrimination
against Women upon accession to the Convention regarding paragraph 2 of Article 9,
paragraph 1 of Article 29.
The Government of the Republic of Latvia considers that the aim of the said Convention
is to grant the equality between men and women and therefore the distinction between
genders regarding the rights to determinate the nationality of children is not in
accordance with the aim of the said convention.
Moreover, the reservation made by the Brunei Darussalam regarding paragraph 1 of Article
29 is in accordance with the Convention and general principles of international law,
because any state may declare that it is not bound by some mechanism of settlement
of disputes.
The Government of the Republic of Latvia recalls Article 28 of the Convention setting
out that reservations incompatible with the object and purpose of the Convention are
not permitted.
The Government of the Republic of Latvia, therefore, objects to the aforesaid reservation
made by the Brunei Darussalam to the Convention on the Elimination of All Forms of
Discrimination against Women.
However, this objection shall not preclude the entry into force of the Convention
between the Republic of Latvia and the Brunei Darussalam. Thus, the Convention will
become operative without Brunei Darussalam benefiting from its reservation.
Bezwaar Oostenrijk, 18-12-2006
The Government of Austria has examined the reservations made by the Government of
Brunei Darussalam upon accession to the Convention on the Elimination of All Forms
of Discrimination against Women.
The Government of Austria finds that the reservation to article 9, paragraph 2 would
inevitably result in discrimination against women on the basis of sex. This is contrary
to the object and purpose of the Convention.
The Government of Austria further considers that, in the absence of further clarification,
the reservation "regarding those provisions of the said Convention that may be contrary
to the Constitution of Brunei Darussalam and to the beliefs and principles of Islam"
does not clearly specify its extent and therefore raises doubts as to the degree of
commitment assumed by Brunei Darussalam in becoming a party to the Convention.
The Government of Austria would like to recall that, according to article 28, paragraph
2 of the Convention as well as 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.
It is in the common interest of States that treaties to which they have chosen to
become parties are respected as to their object and purpose, by all parties, and that
States are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties.
For these reasons, the Government of Austria objects to the aforementioned reservations
made by Brunei Darussalam to the Convention on the Elimination of All Forms of Discrimination
against Women.
This position however does not preclude the entry into force in its entirety of the
Convention between Brunei Darussalam and Austria.
Bezwaar Ierland, 19-12-2006
The Government of Ireland has examined the reservation made on 24 May 2006 by Brunei
Darussalam to the Convention on the Elimination of All Forms of Discrimination Against
Women at the time of its accession thereto.
The Government of Ireland notes that Brunei Darussalam subjects application of the
Convention on the Elimination of All Forms of Discrimination against Women to the
Constitution of Brunei Darussalam and to the beliefs and principles of Islam. The
Government of Ireland is of the view that a reservation which consists of a general
reference to religious law and to the Constitution of the reserving State and which
does not clearly specify the provisions of the Convention to which it applies and
the extent of the derogation therefrom, may cast doubts on the commitment of the reserving
State to fulfil its obligations under the Convention. The Government of Ireland is
furthermore of the view that such a general reservation may undermine the basis of
international treaty law and is incompatible with the object and purpose of the Convention.
The Government of Ireland recalls that according to Article 28, paragraph 2 of the
Convention, a reservation incompatible with the object and purpose of the Convention
shall not be permitted.
The Government of Ireland further considers that the reservation made with respect
to Article 9, paragraph 2 is incompatible with the object and purpose of the Convention.
The Government of Ireland therefore objects to the aforesaid reservations made by
the Brunei Darussalam to the Convention on the Elimination of All forms of Discrimination
against Women.
This objection shall not preclude the entry into force of the Convention between Ireland
and Brunei Darussalam.
Bezwaar Duitsland, 19-12-2006
The Government of the Federal Republic of Germany has carefully examined the reservations
made by Brunei Darussalam on 24 May 2006 upon accession to the Convention on the Elimination
of All Forms of Discrimination Against Women of 18 December 1979. The reservations
state that Brunei Darussalam does not consider itself bound by provisions of the Convention
that are contrary to the Constitution of Brunei Darussalam and to the beliefs and
principles of Islam, in particular Article 9 (2) of the Convention.
The Government of the Federal Republic of Germany is of the opinion that by giving
precedence to the beliefs and principles of Islam and its own constitutional law over
the application of the provisions of the Convention, Brunei Darussalam has made a
reservation which leaves it unclear to what extent it feels bound by the obligations
of the Convention and which incompatible with the object and purpose of the Convention.
Furthermore, the reservation to Article 9 (2) will unavoidably result in a legal situation
that discriminates against women, which is incompatible with the object and purpose
of the Convention,
Pursuant to Article 28 (2) of the Convention, reservations that are incompatible with
the object and purpose of the Convention shall not be permitted.
The Government of the Federal Republic of Germany therefore objects to the above-mentioned
reservations. This objection shall not preclude the entry into force of the Convention
between the Federal Republic of Germany and Brunei Darussalam.
Bezwaar Portugal, 30-01-2007
The reservation concerning the "provisions of the said Convention that may be contrary
to the Constitution of Brunei Darussalam and to the beliefs and principles of Islam,
the official religion of Brunei Darussalam" is too general and vague and seeks to
limit the scope of the Convention on a unilateral basis that is not authorised by
it. Moreover, this reservation creates doubts as to the commitment of the reserving
State to the object and purpose of the Convention and, moreover, contributes to undermining
the basis of international law. It is in the common interest of all States that treaties
to which they have chosen to become parties are respected as to their object and purpose
by all parties and that States are prepared to undertake any legislative changes necessary
to comply with their obligations under the treaties.
The reservation concerning article 9 (2) undermines a key provision of the Convention
concerning the elimination of discrimination against women on the basis of sex. This
reservation is thus incompatible with the object and purpose of the Convention and
is not permitted under article 28 (2) of the CEDAW.
The Government of the Portuguese Republic, therefore, objects to the above mentioned
reservations made by the Government of Brunei Darussalam to the CEDAW.
This objection shall not preclude the entry into force of the Convention between Portugal
and Brunei Darussalam.
Bezwaar Roemenië, 08-02-2007
The Government of Romania has carefully considered the reservations made by Brunei
Darussalam on 24 May 2006 upon accession to the Convention on the Elimination of all
Forms of Discrimination against Women (New York), 18 December 1979) and regards the
reservation made to Article 9 para. 2 as incompatible with the object and purpose
of the Convention, as, by its formulation, a certain form of discrimination against
women is maintained and, implicitly, the inequality of rights between men and women
is perpetuated.
Furthermore, the Government of Romania is of the opinion that the general reservation
made by Brunei Darussalam subjects the application of the provisions of the Convention
to their compatibility with the Islamic law and the fundamental law of this State.
This reservation is, thus, problematic as it raises questions with regard to the actual
obligations Brunei Darussalam understood to undertake by acceding to the Convention,
and with regard to its commitment to the object and purpose of the Convention.
The Government of Romania recalls that, pursuant to Article 28 para. 2 of the Convention,
a reservation incompatible with the object and purpose of the Convention shall not
be permitted.
Consequently, the Government of Romania objects to the aforementioned reservations
made by Brunei Darussalam to the Convention on the Elimination of all Forms of Discrimination
against Women. This objection shall not preclude the entry into force of the Convention,
in its entirety, between Romania and Brunei Darussalam.
The Government of Romania recommends to Brunei Darussalam to reconsider the reservations
made to the Convention on the Elimination of all Forms of Discrimination against Women.
Bezwaar Zweden, 12-02-2007
The Government of Sweden has examined the reservations made by Brunei Darussalam on
24 May 2006 to the Convention on the Elimination of All Forms of Discrimination against
Women.
The Government of Sweden notes that Brunei Darussalam gives precedence to the beliefs
and principles of Islam and national legislation over the application of the provisions
of the Convention. The Government of Sweden is of the view that this reservation which
does not clearly specify the extent of Brunei Darussalam's derogation from the provisions
in questions raises serious doubt as to the commitment of Brunei Darussalam to the
object and purpose of the Convention.
Furthermore, the Government of Sweden considers that, regarding the reservation made
with respect to article 9 (2), if put into practice, would inevitably result in discrimination
against women on the basis of sex, which is contrary to the object and purpose of
the Convention. It should be borne in mind that the principles of the equal rights
of women and men and of non-discrimination on the basis of sex are set forth in the
Charter of the United Nations as one of the purposes of the organization, as well
as the Universal Declaration of Human Rights of 1948.
According to article 28 (2) of the Convention and to international customary law,
as codified in the Vienna convention on the Law of Treaties, reservations incompatible
with the object and purpose of the Convention shall not be permitted. It is in the
common interest of States that treaties, to which they have chosen to become parties,
are respected as to their object and purpose by all parties, and that States are prepared
to undertake any legislative changes necessary to comply with their obligations under
the treaties.
The Government of Sweden therefore objects to the aforesaid reservations made by Brunei
Darussalam to the Convention on the Elimination of All Forms of Discrimination against
Women and considers them null and void.
This objection shall not preclude the entry into force of the Convention between Brunei
Darussalam and Sweden. The convention enters int force in its entirety between the
two States without Brunei Darussalam benefiting from its reservations.
Bezwaar Finland, 27-02-2007
The Government of Finland has carefully examined the contents of the general reservation
made by the Government of Brunei Darussalam to the Convention on the Elimination of
All Forms of Discrimination against Women and the specific reservation concerning
paragraph 2 of Article 9 of the Convention.
The Government of Finland recalls that by acceding to the Convention, a State commits
itself to adopt the measures required for the elimination of discrimination, in all
its forms and manifestations, against women.
The Government of Finland notes that a reservation which consists of a general reference
to religious or other national law without specifying its contents does not clearly
define to other Parties to the Convention the extent to which the reserving State
commits itself to the Convention and creates serious doubts as to the commitment of
the receiving State to fulfil its obligations under the Convention. Such reservations
are, furthermore, 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.
The Government of Finland also notes that the specific reservation made by Brunei
Darussalam concerning paragraph 2 of Article 9 aims to exclude one of the fundamental
obligations under the Convention and is therefore in contradiction with the object
and purpose of the Convention.
The Government of Finland also recalls Part VI, Article 28 of the Convention, according
to which reservations incompatible with the object and purpose of the Convention are
not permitted.
The Government of Finland therefore objects to the above-mentioned reservations made
by the Government of Brunei Darussalam to the Convention. This objection does not
preclude the entry into force of the Convention between Brunei Darussalam and Finland.
The Convention will thus become operative between the two States without Brunei Darussalam
benefiting from its reservations.
Bezwaar Noorwegen, 21-03-2007
The Government of Norway has examined the reservations made by the Government of Brunei
Darussalam upon accession to the Convention on the Elimination of All Forms of Discrimination
Against Women (New York, 18 December 1979).
In the view of the Government of Norway, a statement by which a State Party purports
to limit its responsibilities under the Convention by invoking general principles
of internal or religious law may create doubts about the commitment of the reserving
State to the object and purpose of the Convention and, moreover, contribute to undermining
the basis of international treaty law. Under well-established international treaty
law, a State is not permitted to invoke internal law as a justification for its failure
to perform its treaty obligations. For these reasons, the Government of Norway objects
to the reservation made by the Government of Brunei Darussalam.
This objection does not preclude the entry into force in its entirety of the Convention
between the Kingdom of Norway and Brunei Darussalam. The Convention thus becomes operative
between Norway and Brunei Darussalam without Brunei Darussalam benefiting from the
said reservations.
Bezwaar Nederlanden, het Koninkrijk der, 11-04-2007
The Government of the Kingdom of the Netherlands has examined the reservations made
by Brunei Darussalam to the Convention on the Elimination of All Forms of Discrimination
against Women. The Government of the Kingdom of the Netherlands considers that the
reservation with respect to article 9, paragraph 2, of the Convention is a reservation
incompatible with the object and purpose of the Convention.
Furthermore, the Government of the Kingdom of the Netherlands considers that with
the first reservation the application of the Convention on the Elimination of All
Forms of Discrimination against Women is made subject to the beliefs and principles
of Islam and the provisions of constitutional law in force in Brunei Darussalam. This
makes it unclear to what extent Brunei Darussalam considers itself bound by the obligations
of the Convention and therefore raises concerns as to the commitment of Brunei Darussalam
to the object and purpose of the Convention.
The Government of the Kingdom of the Netherlands recalls that, according to paragraph
2 of article 28 of the Convention, a reservation incompatible with the object and
purpose of the Convention shall not be permitted.
It is in the common interest of States that treaties to which they have chosen to
become party are respected, as to their object and purpose, by all parties and that
States are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties.
The Government of the Kingdom of the Netherlands therefore objects to the aforesaid
reservations made by the Government of Brunei Darussalam to the Convention on the
Elimination of All Forms of Discrimination against Women.
This objection shall not preclude the entry into force of the Convention between the
Kingdom of the Netherlands and Brunei.
Bezwaar Tsjechië, 11-04-2007
The Government of the Czech Republic has examined the reservations made by the Government
of Brunei Darussalam upon accession to the Convention on the Elimination of All Forms
of Discrimination against Women regarding Article 9 paragraph 2 and those provisions
of the Convention that may be contrary to the Constitution of Brunei Darussalam and
to the beliefs and principles of Islam.
The Government of the Czech Republic notes that a reservation to a Convention which
consists of a general reference to national 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. Furthermore, the
reservation made to Article 9 paragraph 2, if put into practice, would inevitably
result in discrimination against women on the basis of sex, which is contrary to the
object and purpose of the Convention.
It is in the common interest of States that treaties to which they have chosen to
become parties are respected as to their object and purpose, by all parties, and that
States are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties. According to Article 28 paragraph 2 of the Convention
and according to customary international law as codified in the Vienna Convention
on the Law of Treaties, a reservation that is incompatible with the object and purpose
of a treaty shall not be permitted.
The Government of the Czech Republic therefore objects to the aforesaid reservations
made by the Government of Brunei Darussalam to the Convention. This objection shall
not preclude the entry into force of the Convention between the Czech Republic and
Brunei Darussalam. The Convention enters into force in its entirety between the Czech
Republic and Brunei Darussalam, without Brunei Darussalam benefiting from its reservation.
Bezwaar Hongarije, 24-04-2007
The Government of the Republic of Hungary has examined the reservation made by the
Brunei Darussalam on 24 May 2006 upon accession to the Convention on the Elimination
of All Forms of Discrimination against Women of 18 December 1979. The reservation
states that the Brunei Darussalam does not consider itself bound by Article 9 (2)
of the Convention.
The Government of the Republic of Hungary is of the opinion that the reservation to
Article 9 (2) will unavoidably result in a legal situation that discriminates against
women, which is incompatible with the object and purpose of the Convention.
Pursuant to Article 28 (2) of the Convention, reservations that are incompatible with
the object and purpose of the Convention shall not be permitted.
The Government of the Republic of Hungary therefore objects to the above-mentioned
reservation. This objection shall not preclude the entry into force of the Convention
between the Republic of Hungary and the Brunei Darussalam.
Bezwaar België, 30-04-2007
Belgium has carefully examined the reservation formulated by Brunei Darussalam when
it acceded, on 24 May 2006, to the Convention on the Elimination of All Forms of Discrimination
against Women, adopted in New York on 18 December 1979. Belgium notes that the reservation
formulated with respect to article 9, paragraph 2, concerns a fundamental provision
of the Convention and is therefore incompatible with the object and purpose of that
instrument.
In addition, the reservation makes the implementation of the Convention's provisions
contingent upon their compatibility with the Constitution of Brunei Darussalam and
the beliefs and principles of Islam, the official religion of Brunei Darussalam. This
creates uncertainty as to which of its obligations under the Convention Brunei Darussalam
intends to observe and raises doubts as to Brunei Darussalam's respect for the object
and purpose of the Convention.
Belgium recalls that, under article 28, paragraph 2, of the Convention, reservations
incompatible with the object and purpose of the Convention are not permitted. It is
in the common interest for all parties to respect the treaties to which they have
acceded and for States to be willing to enact such legislative amendments as may be
necessary in order to fulfil their treaty obligations. Under 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 is not permitted (article 19 (c)).
In consequence, Belgium objects to the reservation formulated by Brunei Darussalam
with respect to the Convention on the Elimination of All Forms of Discrimination against
Women. This objection shall not preclude the entry into force of the Convention between
the Kingdom of Belgium and Brunei Darussalam. The Convention shall enter into force
in its entirety, without Brunei Darussalam benefiting from its reservation.
Bezwaar Slowakije, 11-05-2007
With regard to the reservations made by Brunei Darussalam upon accession:
The Government of Slovakia has carefully examined the content of the reservations
made by the Brunei Darussalam upon its accession to the Convention on the Elimination
of all Forms of Discrimination against Women (CEDAW).
The Government of Slovakia is of the opinion that the reservation containing the reference
to the beliefs and principles of Islam is too general and raises serious doubt as
to the commitment of Brunei Darussalam to the object and the purpose of the Convention.
Moreover, the Government of Slovakia considers that one of the aims of the Convention
is to grant the equality between men and women with respect to determine the nationality
of their children. Therefore it finds the reservation of Brunei Darussalam to paragraph
2 of article 9 of the Convention as undermining one of key provisions of the Convention
and is incompatible with its object and purpose. It is therefore inadmissible and
shall be permitted, in accordance with paragraph 2 of article 28 of the Convention
on the Elimination of all Forms of Discrimination against Women.
For these reasons, the Government of Slovakia objects to the above mentioned reservations
made by the Brunei Darussalam upon its accession to the Convention on the Elimination
of all Forms of Discrimination against Women.
This objection shall not preclude the entry into force of the Convention between Slovakia
and the Brunei Darussalam. The Convention enters into force in its entirety between
Slovakia and the Brunei Darussalam without the Brunei Darussalam benefiting from its
reservations.
Bezwaar Polen, 07-06-2007
The Government of the Republic of Poland has examined the reservations made by Brunei
Darussalam upon accession to the Convention on the Elimination of All Forms of Discrimination
against Women, adopted by General Assembly of the United Nations on December 18, 1979,
regarding article 9 paragraph 2 and those provisions of the Convention that may be
contrary to the Constitution of Brunei Darussalam and to the beliefs and principles
of Islam.
The Government of the Republic of Poland considers that the reservations made by the
Brunei Darussalam are incompatible with the object and purpose of the Convention which
guarantees equal rights of women and men to exercise their economic, social, cultural,
civil, and political rights. The Government of the Republic of Poland therefore considers
that, according to article 19 (c) of the Vienna Convention on the Law of Treaties,
done at Vienna on 23 May 1969, as well as article 28 (2) of the Convention on the
Elimination of All Forms of Discrimination against Women, reservations incompatible
with the object and purpose of a treaty shall not be permitted.
Moreover, the Government of the Republic of Poland considers that by making a general
reference to the 'beliefs and principles of Islam' without indicating the provisions
of the Convention to which they apply, Brunei Darussalam does not specify the exact
extent of the introduced limitations and thus does not define precisely enough the
extent to which Brunei Darussalam has accepted the obligations under the Convention.
The Government of the Republic of Poland therefore objects to the aforementioned reservations
made by Brunei Darussalam upon accession to the Convention on the Elimination of All
Forms of Discrimination against Women, adopted by General Assembly of the United Nations
on 18 December 1979, regarding article 9 paragraph 2 and those provisions of the Convention
that may be contrary to the Constitution of Brunei Darussalam and to the beliefs and
principles of Islam.
This objection does not preclude the entry into force of the Convention between the
Republic of Poland and Brunei Darussalam.
Bezwaar Frankrijk, 13-06-2007
The Government of the French Republic has examined the reservations made by Brunei Darussalam upon acceding to the Convention on the Elimination of All Forms of Discrimination against Women, of 18 December 1979. The Government of the French Republic believes that in 'expressing' reservations regarding provisions of the Convention 'that may be contrary to the Constitution of Brunei Darussalam and to the beliefs and principles of Islam', Brunei Darussalam is making a reservation of broad and indeterminate scope which does not allow the other States Parties to ascertain which provisions of the Convention are envisaged and which may render the provisions of the Convention null and void. The Government of the French Republic believes that this reservation is incompatible with the object and purpose of the Convention and objects to it. The Government of the French Republic also objects to the reservation made specifically to article 9, paragraph 2 of the Convention. These objections shall not preclude the entry into force of the Convention between France and Brunei Darussalam.
Bezwaar Spanje, 13-06-2007
The Government of the Kingdom of Spain has examined the reservations made by Brunei
Darussalam upon acceding to the Convention on the Elimination of All Forms of Discrimination
against Women regarding all the provisions of the Convention that may be contrary
to the Constitution of Brunei Darussalam and to the beliefs and principles of Islam,
and regarding article 9.2 of the Convention.
The Government of the Kingdom of Spain believes that, by making the implementation
of the provisions of the Convention subject to their compatibility with the Constitution
of Brunei Darussalam and with the beliefs and principles of Islam, Brunei Darussalam
has made a reservation which does not permit a clear determination of the extent to
which it has accepted the obligations deriving from the Convention and that, consequently,
the reservation raises doubts about the commitment of Brunei Darussalam to the object
and purpose of the Convention. Moreover, the reservation regarding article 9.2 would
exempt Brunei Darussalam from its commitment in relation to an essential element of
the Convention and allow the continuation of a situation of de jure discrimination
against women on grounds of sex which is incompatible with the object and purpose
of the Convention.
The Government of the Kingdom of Spain recalls that, under article 28.2 of the Convention,
reservations that are incompatible with the object and purpose of the Convention are
not permitted.
Accordingly, the Government of the Kingdom of Spain objects to the reservations made
by Brunei Darussalam regarding those provisions of the Convention on the Elimination
of All Forms of Discrimination against Women that may be contrary to the Constitution
of Brunei Darussalam and to the beliefs and principles of Islam and regarding article
9.2 of the Convention. This objection shall not preclude the entry into force of the
Convention between the Kingdom of Spain and Brunei Darussalam.
Bezwaar Canada, 14-06-2007
Canada has carefully examined the reservation formulated by Brunei Darussalam when
it acceded, on 24 May 2006, to the Convention on the Elimination of Al Forms of Discrimination
against Women, adopted in New York on 18 December 1979.
Canada notes that the reservation formulated with respect to article 9, paragraph
2, concerns a fundamental provision of the Convention and is therefore incompatible
with the object and purpose of that instrument.
In addition, the reservation makes the implementation of the Convention's provisions
contingent upon their compatibility with the Constitution of Brunei Darussalam and
the beliefs and principles of Islam, the official religion of Brunei Darussalam. The
Government of Canada notes that such general reservation of unlimited scope and undefined
character does not clearly define for the other States Parties to the Convention the
extent to which Brunei Darussalam has accepted the obligations of the Convention and
creates serious doubts as to the commitment of the State to fulfil its obligations
under the Convention. Accordingly, the Government of Canada considers this reservation
to be incompatible with the object and purpose of the Convention.
It is in the common interest of States that treaties to which they have chosen to
become party are respected, as to their object and purpose by all parties and that
States are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties.
Canada recalls that, under article 28, paragraph 2, of the Convention, reservations
incompatible with the object and purpose of the Convention are not permitted.
Under 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 is
not permitted.
In consequence, Canada objects to the reservation formulated by Brunei Darussalam
with respect to the Convention on the Elimination of All Forms of Discrimination against
Women. This objection shall not preclude the entry into force of the Convention between
Canada and Brunei Darussalam. The Convention shall enter into force in its entirety,
without Brunei Darussalam benefiting from its reservation.
Bezwaar Verenigd Koninkrijk, 14-06-2007
The Permanent Mission of the United Kingdom of Great Britain and Northern Ireland
to the United Nations [...] has the honour to refer to the reservations made by the
Government of Brunei Darussalam to the Convention on the Elimination of all Forms
of Discrimination Against Women (New York, 18 December 1979), which read:
'The Government of Brunei Darussalam expresses its reservations regarding those provisions
of the said Convention that may be contrary to the Constitution of Brunei Darussalam
and to the beliefs and principles of Islam, the official religion of Brunei Darussalam
and, without prejudice to the generality of the said reservations, expresses its reservations
regarding paragraph 2 of Article 9 and paragraph 1 of Article 29 of the Convention.'
In the view of the United Kingdom a reservation should clearly define for the other
States Parties to the Convention the extent to which the reserving State has accepted
the obligations of the Convention. A reservation which consists of a general reference
to a system of law without specifying its contents does not do so. The Government
of the United Kingdom therefore object to the reservations made by the Government
of Brunei Darussalam.
This objection shall not preclude the entry into force of the Convention between the
United Kingdom of Great Britain and Northern Ireland and Brunei Darussalam.
Bezwaar Griekenland, 15-06-2007
The Government of the Hellenic Republic consider that the reservation "regarding those
provisions of the said Convention that may be contrary to the Constitution of Brunei
Darussalam and to the beliefs and principles of Islam, the official religion of Brunei
Darussalam" is of unlimited scope and undefined character, while furthermore, subjects
the application of the Convention to the constitutional law of Brunei Darussalam and
the beliefs and principles of Islam. It is, therefore, incompatible with the object
and purpose of the Convention.
Moreover, the Government of the Hellenic Republic consider that the reservation to
article 9 par. 2 does not specify the extent of the derogation therefrom and, therefore,
are incompatible with the object and purpose of the Convention.
The Government of the Hellenic Republic recall that, according to Article 28 paragraph
2 of the Convention, a reservation incompatible with the object and purpose of the
Convention shall not be permitted.
For these reasons, the Government of the Hellenic Republic object to the abovementioned
reservations formulated by Brunei Darussalam.
This objection shall not preclude the entry into force of the Convention between Greece
and Brunei Darussalam.
Bezwaar Italië, 15-06-2007
[...] the Government of Italy has carefully examined the reservations made by Brunei
Darussalam on 24 May 2006 upon accession to the Convention on the Elimination of All
Forms of Discrimination Against Women of 18 December 1979. The reservations state
that Brunei Darussalam does not consider itself bound by provisions of the Convention
that are contrary to the Constitution of Brunei Darussalam and to the beliefs and
principles of Islam, in particular Article 9 (2) of the Convention.
The Government of Italy is of the opinion that by giving precedence to the beliefs
and principles of Islam and its own constitutional law over the application of the
provisions of the Convention, Brunei Darussalam 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. Furthermore,
the reservation to Article 9 (2) will unavoidably result in a legal situation that
discriminates against women, which is incompatible with the object and purpose of
the Convention.
Pursuant to Article 28 (2) of the Convention, reservations that are incompatible with
the object and
purpose of the Convention shall not be permitted.
The Government of Italy therefore objects to the above-mentioned reservations. This
objection shall not preclude the entry into force of the Convention between Italy
and Brunei Darussalam.
Canada
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 Elimination of All Forms of Discrimination against Women, and the Secretary-General's
communication of 9 April 2014, numbered C.N.183.2014.TREATIES-IV.8, 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 Elimination
of All Forms of Discrimination against Women. 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 Elimination of All Forms of Discrimination against Women, 'Palestine'
is not able to accede to this convention, and that the Convention on the Elimination
of All Forms of Discrimination against Women does not enter into force, or have an
effect on Canada's treaty relations, with respect to the 'State of Palestine'.
Chili
17-07-1980
The Government of Chile has signed this Convention on the Elimination of All Forms
of Discrimination Against Women, mindful of the important step which this document
represents, not only in terms of the elimination of all forms of discrimination against
women, but also in terms of their full and permanent integration into society in conditions
of equality.The Government is obliged to state, however, that some of the provisions
of the Convention are not entirely compatible with current Chilean legislation.
At the same time, it reports the establishment of a Commission for the Study and Reform
of the Civil Code, which now has before it various proposals to amend, inter alia,
those provisions which are not fully consistent with the terms of the Convention.
China
04-11-1980
The People's Republic of China does not consider itself bound by paragraph 1 of article 29 of the Convention.
10-06-1997
1. [...]
2. The Government of the People's Republic of China understands, on behalf of the
Hong Kong Special Administrative Region, the main purpose of the Convention, in the
light of the definition contained in article 1, to be the reduction, in accordance
with its terms, of discrimination against women, and does not therefore regard the
Convention as imposing any requirement upon the Hong Kong Special Administrative Region
to repeal or modify any of its existing laws, regulations, customs or practices which
provide for women to be treated more favourably than men, whether temporarily or in
the longer term. Undertakings by the Government of the People's Republic of China
on behalf of the Hong Kong Special Administrative Region under article 4, paragraph
1, and other provisions of the Convention are to be construed accordingly.
3. The Government of the People's Republic of China reserves, for the Hong Kong Special
Administrative Region, the right to continue to apply relevant immigration legislation
governing the entry into, stay in and departure from the Hong Kong Special Administrative
Region as may be deemed necessary from time to time. Accordingly, acceptance of article
15, paragraph 4, and of the other provisions of the Convention is subject to the provisions
of any such legislation as regards persons not at the time having the right under
the laws of the Hong Kong Special Administrative Region to enter and remain in the
Hong Kong Special Administrative Region.
4. The Government of the People's Republic of China understands, in the light of the
definition contained in article 1, that none of its obligations under the Convention
shall be treated as extending to the affairs of religious denominations or orders
in the Hong Kong Special Administrative Region.
5. Laws applicable in the New Territories of the Hong Kong Special Administrative
Region which enable male indigenous villagers to exercise certain rights in respect
of property and which provide for rent concessions in respect of land or property
held by indigenous persons or their lawful successors through the male line will continue
to [be] applied.
6. The Government of the People's Republic of China reserves, for the Hong Kong Special
Administrative Region, the right to apply all its legislation and the rules of pension
schemes affecting retirement pensions, survivors' benefits in relation to death or
retirement (including retirement on ground of redundancy), whether or not derived
from a social security scheme.
This reservation will apply to any future legislation which may modify or replace
such aforesaid legislation, or the rules of pension schemes, on the understanding
that the terms of such legislation will be compatible with the Government of the People's
Republic of China's obligations under the Convention in respect of the Hong Kong Special
Administrative Region.
The Government of the People's Republic of China reserves the right for the Hong Kong
Special Administrative Region to apply any non-discriminatory requirement for a qualifying
period of employment for the application of the provisions contained in article 11,
paragraph 2 of the Convention.
7. The Government of the People's Republic of China understands, on behalf of the
Hong Kong Special Administrative Region, the intention of article 15, paragraph 3,
of the Convention to be that only those terms or elements of the contract or other
private instrument which are discriminatory in the sense described are to be deemed
null and void, but not necessarily the contract or instrument as a whole.
Cuba
17-07-1980
The Government of the Republic of Cuba makes a specific reservation concerning the provisions of article 29 of the Convention inasmuch as it holds that any disputes that may arise between States Parties should be resolved through direct negotiations through the diplomatic channel.
Duitsland
10-07-1985
The Federal Republic of Germany declares in respect of the paragraph of the Preamble
to the Convention starting with the words "affirming that the strengthening of international
peace and security":
The right of peoples to self-determination, as enshrined in the Charter of the United
Nations and in the International Covenants of 19 December 1966, applies to all peoples
and not only to those living 'under alien and colonial domination and foreign occupation'.
All peoples thus have the inalienable right freely to determine their political status
and freely to pursue their economic, social and cultural development. The Federal
Republic of Germany would be unable to recognize as legally valid an interpretation
of the right to self-determination which contradicts the unequivocal wording of the
Charter of the United Nations and of the two International Covenants of 19 December
1966 on Civil and Political Rights and on Economic, Social and Cultural Rights. It
will interpret the 11th paragraph of the Preamble accordingly.
[...]
Egypte
18-09-1981
General reservation on article 2
The Arab Republic of Egypt is willing to comply with the content of this article,
provided that such compliance does not run counter to the Islamic Sharia.
In respect of article 16
Reservation to the text of article 16 concerning the equality of men and women in
all matters relating to marriage and family relations during the marriage and upon
its dissolution, without prejudice to the Islamic Sharia's provisions whereby women
are accorded rights equivalent to those of their spouses so as to ensure a just balance
between them. This is out of respect for the sacrosanct nature of the firm religious
beliefs which govern marital relations in Egypt and which may not be called in question
and in view of the fact that one of the most important bases of these relations is
an equivalency of rights and duties so as to ensure complementary which guarantees
true equality between the spouses. The provisions of the Sharia lay down that the
husband shall pay bridal money to the wife and maintain her fully and shall also make
a payment to her upon divorce, whereas the wife retains full rights over her property
and is not obliged to spend anything on her keep. The Sharia therefore restricts the
wife's rights to divorce by making it contingent on a judge's ruling, whereas no such
restriction is laid down in the case of the husband.
In respect of article 29:
The Egyptian delegation also maintains the reservation contained in article 29, paragraph
2, concerning the right of a State signatory to the Convention to declare that it
does not consider itself bound by paragraph 1 of that article concerning the submission
to an arbitral body of any dispute which may arise between States concerning the interpretation
or application of the Convention. This is in order to avoid being bound by the system
of arbitration in this field.
Bezwaar Duitsland, 10-07-1985
The Federal Republic of Germany considers that the reservations made by Egypt regarding article 2, [...] and article 16, are incompatible with the object and purpose of the Convention (article 28, paragraph 2) and therefore objects to them. In relation to the Federal Republic of Germany, they may not be invoked in support of a legal practice which does not pay due regard to the legal status afforded to women and children in the Federal Republic of Germany in conformity with the above-mentioned articles of the Convention. This objection shall not preclude the entry into force of the Convention as between Egypt and the Federal Republic of Germany.
Bezwaar Zweden, 17-03-1986
The Government of Sweden considers that the reservations regarding article 2, [...]
and article 16 are incompatible with the object and purpose of the Convention (article
28, paragraph 2) and therefore objects to them.
In this context the Government of Sweden wishes to take this opportunity to make the
observation that the reason why reservations incompatible with the object and purpose
of a treaty are not acceptable is precisely that otherwise they would render a basic
international obligation of a contractual nature meaningless. Incompatible reservations,
made in respect of the Convention on the elimination of all forms of discrimination
against women, do not only cast doubts on the commitments of the reserving states
to the objects and purpose of this Convention, but moreover, contribute to undermine
the basis of international contractual 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 other parties.
Bezwaar Mexico, 16-07-1986
The Government of the United Mexican States has studied the content of the reservations
made by Egypt to articles [...] and 16 of the Convention and has concluded that they
should be considered invalid in the light of article 28, paragraph 2, of the Convention,
because they are incompatible with its object and purpose.
Indeed, these reservations, if implemented, would inevitably result in discrimination
against women on the basis of sex, which is contrary to all the articles of the Convention.
The principles of equal rights of men and women and non-discrimination on the basis
of sex, which are embodied in the second preambular paragraph and Article 1, paragraph
3, of the Charter of the United Nations, to which Egypt is a signatory, and in articles
2 and 16 of the Universal Declaration of Human Rights of 1948, were previously accepted
by the Government of Egypt when it ratified [...] the International Covenant on Civil
and Political Rights and the International Covenant on Economic, Social and Cultural
Rights. The above principles were stated in article 2, paragraph 1, and article 3
of the former Covenant and in article 2, paragraph 2, and article 3 of the latter.
Consequently, it is inconsistent with these contractual obligations previously assumed
by Egypt for its Government now to claim that it has reservations, on the same subject,
about the 1979 Convention.
The objection of the Government of the United Mexican States to the reservations in
question should not be interpreted as an impediment to the entry into force of the
1979 Convention between the United Mexican States and Egypt.
Bezwaar Nederlanden, het Koninkrijk der, 23-07-1991
The Government of the Kingdom of the Netherlands considers that the reservations made
by Egypt regarding article 2, [...] and article 16, are incompatible with the object
and purpose of the Convention (article 28, paragraph 2).
These objections shall not preclude the entry into force of the Convention as between
Egypt and the Kingdom of the Netherlands.
El Salvador
19-08-1981
With reservation as to the application of the provision of article 29, paragraph 1.
Ethiopië
10-09-1981
Socialist Ethiopia does not consider itself bound by paragraph 1 of article 29 of the Convention.
Frankrijk
17-07-1980
The Government of the French Republic declares that article 9 of the Convention must not be interpreted as precluding the application of the second paragraph of article 96 of the code of French nationality.
14-12-1983
The Government of the French Republic declares that the preamble to the Convention
in particular the eleventh preambular paragraph contains debatable elements which
are definitely out of place in this text.
The Government of the French Republic declares that the term "family education" in
article 5 (b) of the Convention must be interpreted as meaning public education concerning
the family and that, in any event, article 5 will be applied subject to respect for
article 17 of the International Covenant on Civil and Political Rights and article
8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
The Government of the French Republic declares that no provision of the Convention
must be interpreted as prevailing over provisions of French legislation which are
more favourable to women than to men.
[...]
Article 29
The Government of the French Republic declares, in pursuance of article 29, paragraph
2, of the Convention, that it will not be bound by the provisions of article 29, paragraph
1.
Guinee
17-07-1980
The People's Revolutionary Republic of Guinea wishes to sign the Convention [...] with the understanding that this procedure annuls the procedure of accession previously followed by Guinea with respect to the Convention.
Ierland
23-12-1985
[...]
Articles 16, 1 (d) and (f)
Ireland is of the view that the attainment in Ireland of the objectives of the Convention
does not necessitate the extension to men of rights identical to those accorded by
law to women in respect of the guardianship, adoption and custody of children born
out of wedlock and reserves the right to implement the Convention subject to that
understanding.
Articles 11 (1) and 13 (a)
Ireland reserves the right to regard the Anti-Discrimination (Pay) Act, 1974 and the
Employment Equality Act 1977 and other measures taken in implementation of the European
Economic Community standards concerning employment opportunities and pay as sufficient
implementation of articles 11,1 (b), (c) and (d).
Ireland reserves the right for the time being to maintain provisions of Irish legislation
in the area of social security which are more favourable to women than men.
India
09-07-1993
i) With regard to articles 5 (a) and 16 (1) of the Convention on the Elimination of
All Forms of Discrimination Against Women, the Government of the Republic of India
declares that it shall abide by and ensure these provisions in conformity with its
policy of non-interference in the personal affairs of any Community without its initiative
and consent.
ii) With regard to article 16 (2) of the Convention on the Elimination of All Forms
of Discrimination Against Women, the Government of the Republic of India declares
that though in principle it fully supports the principle of compulsory registration
of marriages, it is not practical in a vast country like India with its variety of
customs, religions and level of literacy.
With regard to article 29 of the Convention on the Elimination of All Forms of Discrimination
Against Women, the Government of the Republic of India declares that it does not consider
itself bound by paragraph 1 of this article.
Bezwaar Nederlanden, het Koninkrijk der, 14-07-1994
The Government of the Kingdom of the Netherlands considers that the declarations made
by India regarding article 5 (a) and article 16, paragraph, of the Convention are
reservations incompatible with the object and purpose of the Convention (article 28,
paragraph 2).
The Government of the Kingdom of the Netherlands considers that the declaration made
by India regarding article 16, paragraph 2, of the Convention is a reservation incompatible
with the object and purpose of the Convention (article 28, para. 2). The Government
of the Kingdom of the Netherlands objects to the above-mentioned declarations and
reservations.
These objections shall not preclude the entry into force of the Convention as between
India and the Kingdom of the Netherlands.
Indonesië
13-09-1984
The Government of the Republic of Indonesia does not consider itself bound by the provisions of article 29, paragraph 1 of this Convention and takes the position that any dispute relating to the interpretation or application of the Convention may only be submitted to arbitration or to the International Court of Justice with the agreement of all the parties to the dispute.
Irak
13-08-1986
1. Approval of and accession to this Convention shall not mean that the Republic of
Iraq is bound by the provisions of article 2, paragraphs (f) and (g), [...] nor of
article 16 of the Convention. The reservation to this last-mentioned article shall
be without prejudice to the provisions of the Islamic Shariah according women rights
equivalent to the rights of their spouses so as to ensure a just balance between them.
Iraq also enters a reservation to article 29, paragraph 1, of this Convention with
regard to the principle of international arbitration in connection with the interpretation
or application of this Convention.
2. This approval in no way implies recognition of or entry into any relations with
Israel.
Bezwaar Mexico, 04-12-1986
The Government of the United Mexican States has studied the content of the reservations
made by Iraq to article 2, paragraphs (f) and (g), article 9, paragraphs 1 and 2 and
article 16, of the Convention and has concluded that they should be considered invalid
in the light of article 28, paragraph 2, of the Convention, because they are incompatible
with its object and purpose.
Indeed, these reservations, if implemented, would inevitably result in discrimination
against women on the basis of sex, which is contrary to all the articles of the Convention.
The principles of equal rights of men and women and non-discrimination on the basis
of sex, which are embodied in the second preambular paragraph and Article 1, paragraph
3, of the Charter of the United Nations, to which Iraq is a signatory, and in articles
2 and 16 of the Universal Declaration of Human Rights of 1948, were previously accepted
by the Government of Iraq when it ratified, [...] the International Covenant on Civil
and Political Rights and the International Covenant on Economic, Social and Cultural
Rights. The above principles were stated in article 2, paragraph 1, and article 3
of the former Covenant and in article 2, paragraph 2, and article 3 of the latter.
Consequently, it is inconsistent with these contractual obligations previously assumed
by Iraq for its Government now to claim that it has reservations, on the same subject,
about the 1979 Convention.
The objection of the Government of the United Mexican States to the reservations in
question should not be interpreted as an impediment to the entry into force of the
1979 Convention between the United Mexican States and Iraq.
Bezwaar Israël, 12-12-1986
[...] In the view of the Government of the State of Israel, such declaration which
is explicitly of a political character is incompatible with the purposes and objectives
of the Convention and cannot in any way affect whatever obligations are binding upon
Iraq under general international law or under particular conventions.
The Government of the State of Israel will, in so far as concerns the substance of
the matter, adopt towards Iraq an attitude of complete reciprocity.
Bezwaar Zweden, 12-03-1987
The Government of Sweden considers that the reservations regarding article 2, paragraph
(f) and (g), article 9, paragraph 1, and article 16 are incompatible with the object
and purpose of the Convention (article 28, paragraph 2) and therefore objects to them.
In this context the Government of Sweden wishes to take this opportunity to make the
observation that the reason why reservations incompatible with the object and purpose
of a treaty are not acceptable is precisely that otherwise they would render a basic
international obligation of a contractual nature meaningless. Incompatible reservations,
made in respect of the Convention on the elimination of all forms of discrimination
against women, do not only cast doubts on the commitments of the reserving states
to the objects and purpose of this Convention, but moreover, contribute to undermine
the basis of international contractual 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 other parties.
Bezwaar Nederlanden, het Koninkrijk der, 23-07-1991
The Government of the Kingdom of the Netherlands considers that the reservations made
by Iraq regarding article 2, sub-paragraphs (f) and (g), article 9 and article 16,
are incompatible with the object and purpose of the Convention (article 28, paragraph
2).
These objections shall not preclude the entry into force of the Convention as between
Iraq and the Kingdom of the Netherlands.
Israël
03-10-1991
1. The State of Israel hereby expresses its reservation with regard to article 7 (b)
of the Convention concerning the appointment of women to serve as judges of religious
courts where this is prohibited by the laws of any of the religious communities in
Israel. Otherwise, the said article is fully implemented in Israel, in view of the
fact that women take a prominent part in all aspect of public life.
2. The State of Israel hereby expresses its reservation with regard to article 16
of the Convention, to the extent that the laws on personal status which are binding
on the various religious communities in Israel do not conform with the provisions
of that article.
3. In accordance with paragraph 2 of article 29 of the Convention, the State of Israel
hereby declares that it does not consider itself bound by paragraph 1 of that article.
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 Elimination of All Forms of Discrimination against Women, 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.183.2014.TREATIES-IV.8).
'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.
Italië
17-07-1980
Italy reserves the right to exercise, when depositing the instrument of ratification, the option provided for in article 19 of the Vienna Convention on the Law of Treaties of 23 May 1969.
Jamaica
19-10-1984
[...]
The Government of Jamaica declares that it does not consider itself bound by the provisions
of article 29, paragraph 1, of the Convention.
Jemen
30-05-1984
The Government of the People's Democratic Republic of Yemen declares that it does not consider itself bound by article 29, paragraph 1, of the said Convention, relating to the settlement of disputes which may arise concerning the application or interpretation of the Convention.
Jordanië
01-07-1992
Declaration made upon signature and confirmed upon ratification:
Jordan does not consider itself bound by the following provisions:
1. Article 9, paragraph 2;
2. [...]
3. Article 16, paragraph (1) (c), relating to the rights arising upon the dissolution
of marriage with regard to maintenance and compensation;
4. Article 16, paragraph (1) (d) and (g).
Bezwaar Zweden, 05-02-1993
The Government of Sweden considers that the reservations in respect of article 9,
paragraph 2, article 15, paragraph 4, the wording of article 16 (c), and article 16
(d) and (g) are incompatible with the object and purpose of the Convention (article
28, paragraph 2) and therefore objects to them.
In this context the Government of Sweden wishes to take this opportunity to make the
observation that the reason why reservations incompatible with the object and purpose
of a treaty are not acceptable is precisely that otherwise they would render a basic
international obligation of a contractual nature meaningless. Incompatible reservations,
made in respect of the Convention on the elimination of all forms of discrimination
against women, do not only cast doubts on the commitments of the reserving states
to the objects and purpose of this Convention, but moreover, contribute to undermine
the basis of international contractual 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 other parties.
Koeweit
02-09-1994
1. [...]
2. Article 9, paragraph 2
The Government of Kuwait reserves its right not to implement the provision contained
in article 9, paragraph 2, of the Convention, inasmuch as it runs counter to the Kuwaiti
Nationality Act, which stipulates that a child's nationality shall be determined by
that of his father.
3. Article 16 (f)
The Government of the State of Kuwait declares that it does not consider itself bound
by the provision contained in article 16 (f) inasmuch as it conflicts with the provisions
of the Islamic Shariah , Islam being the official religion of the State.
4. The Government of Kuwait declares that it is not bound by the provision contained
in article 29, paragraph 1.
Bezwaar Noorwegen, 02-05-1995
In the view of the Government of Norway, a reservation by which a State party limits
its responsibilities under the Convention by invoking general principles of internal
law may create doubts about the commitments of the reserving State to the object and
purpose of the Convention and, moreover, contribute to undermine 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 their object and purpose, by all
parties. Furthermore, under well established international treaty law, a State is
not permitted to invoke internal law as justification for its failure to perform its
treaty obligations. For these reasons, the Government of Norway objects to Kuwaits
reservations.
The Government of Norway does not consider this objection to constitute an obstacle
to the entry into force of the above-stated Convention between the Kingdom of Norway
and Kuwait.
Bezwaar Nederlanden, het Koninkrijk der, 16-01-1996
The Government of the Kingdom of the Netherlands considers the reservations made by
Kuwait incompatible with the object and purpose of the Convention (article 28, paragraph
2).
The Government of the Kingdom of the Netherlands therefore objects to the [said] reservations.
These objections shall not preclude the entry into force of the Convention between
Kuwait and the Kingdom of the Netherlands.
Bezwaar Finland, 17-01-1996
The Government of Finland recalls that by acceding to the Convention, a State commits
itself to adopt the measures required for the elimination of discrimination, in all
its forms and manifestations, against women.
[...]
Reservations to [...] and article 9 paragraph 2 are both subject to the general principle
of the observance of treaties according to which a party may not invoke the provisions
of its internal law as justification for its failure to perform its treaty obligations.
It is in the common interest of States that contracting parties to international treaties
are prepared to undertake the necessary legislative changes in order to fulfill the
object and purpose of the treaty.
Furthermore, in the view of the Government of Finland, the unlimited and undefined
character of the reservation to article 16 (f) leaves open to what extent the reserving
State commits itself to the Convention and therefore creates serious doubts about
the commitment of the reserving State to fulfil its obligations under the Convention.
Reservations of such unspecified nature may contribute to undermining the basis of
international human rights treaties.
In their present formulation the reservations are clearly incompatible with the object
and purpose of the Convention and therefore inadmissible under article 28 paragraph
2, of the said Convention. Therefore, the Government of Finland objects to these reservations.
The Government of Finland further notes that the reservations made by the Government
of Kuwait are devoid of legal effect.
The Government of Finland recommends the Government of Kuwait to reconsider its reservations
to the [said] Convention.
Bezwaar Zweden, 17-01-1996
The Government of Sweden considers that the reservations made by Kuwait upon accession
are incompatible with the object and purpose of the Convention (article 28, paragraph
2) and therefore objects to them.
Indeed the reservations in question, if put into practice, would inevitably result
in discrimination against women on the basis of sex, which is contrary to everything
the Convention stands for. It should also be borne in mind that the principles of
the equal rights of men and women and of non-discrimination on the basis of sex are
set forth in the Charter of the United Nations as one of its purposes, in the Universal
Declaration of Human Rights of 1948 and in various multilateral instruments, to which
Kuwait is a party.
[...]
In this context the Government of Sweden wishes to take this opportunity to make the
observation that the reason why reservations incompatible with the object and purpose
of a treaty are not acceptable is precisely that otherwise they would render a basic
international obligation of a contractual nature meaningless. Incompatible reservations,
made in respect of the Convention on the elimination of all forms of discrimination
against women, do not only cast doubts on the commitments of the reserving states
to the objects and purpose of this Convention, but moreover, contribute to undermine
the basis of international contractual 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 other parties.
Bezwaar België, 19-01-1996
The Government of the Kingdom of Belgium notified the Secretary-General that it considers
the reservations made by the Government of Kuwait concerning [...] and article 16
(f) as "incompatible with the object and purpose of the said Convention and, therefore,
as prohibited by virtue of its article 28 paragraph 2".
Bezwaar Oostenrijk, 22-02-1996
The Government of Austria notified the Secretary-General that it considers the reservations made by the Government of Kuwait concerning [...] and article 16 (f) as "incompatible with the object and purpose of the said Convention and, therefore, as prohibited by virtue of its article 28 paragraph 2".
Bezwaar Portugal, 15-05-1996
The Government of Portugal notified the Secretary-General that it considers the reservations made by the Government of Kuwait concerning [...] and article 16 (f) as "incompatible with the object and purpose of the said Convention and, therefore, as prohibited by virtue of its article 28 paragraph 2".
Bezwaar Denemarken, 12-02-1997
The Government of Denmark finds that the said reservations are covering 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.
The Government of Denmark finds that the reservations are incompatible with the object
and purpose of the Convention and accordingly inadmissible and without effect under
international law. Consequently, the Government of Denmark objects to these reservations.
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 Convention remains in force in its entirety between Kuwait and Denmark.
The Government of Denmark recommends the Government of Kuwait to reconsider its reservations
to the [said] Convention.
Lesotho
22-08-1995
The Government of the Kingdom of Lesotho declares that it does not consider itself bound by article 2 to the extent that it conflicts with Lesotho's constitutional stipulations relative to succession to the throne of the Kingdom of Lesotho and law relating to succession to chieftainship. [...]
Bezwaar Noorwegen, 30-10-1996
In the view of the Government of Norway, a reservation by which a State party limits
its responsibilities under the Convention by invoking general principles of internal
law may create doubts about the commitments of the reserving State to the object and
purpose of the Convention and, moreover, contribute to undermine 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 their object and purpose, by all
parties. Furthermore, under well established international treaty law, a State is
not permitted to invoke internal law as justification for its failure to perform its
treaty obligations. For these reasons, the Government of Norway objects to the reservations
of Lesotho.
The Government of Norway does not consider this objection to constitute an obstacle
to the entry into force of the above-stated Convention between the Kingdom of Norway
and Lesotho.
Bezwaar Finland, 01-11-1996
The reservations made by Lesotho, consisting of a general reference to religious and
national law without specifying the contents thereof and 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 creates serious doubts about the commitment
of the reserving State to fulfill its obligations under the Convention. Reservations
of such unspecified nature may contribute to undermining the basis of international
human rights treaties.
The Government of Finland also recalls that the reservations of Lesotho are subject
to the general principles 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.
Furthermore, the reservations made by Lesotho, in particular to articles 2 (f) and
5 (a), are two fundamental provisions of the Convention the implementation of which
is essential to fulfilling its object and purpose.
The Government of Finland considers that in their present formulation the reservations
made by Lesotho are clearly incompatible with the object and purpose of the said Convention
and therefore inadmissible under article 28, 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.
Bezwaar Nederlanden, het Koninkrijk der, 01-11-1996
The Government of the Kingdom of the Netherlands considers [...] that such reservations,
which seeks to limit the responsibilities of the reserving State under the Convention
by invoking the general principles of national law and the Constitution, may raise
doubts as to the commitment of this 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 should be respected, as to object and purpose, by all parties.
The Government of the Kingdom of the Netherlands further considers that the reservations
made by Lesotho regarding article 2 (f), article 5 (a), article 9 and article 16 of
the Convention are incompatible with the object and purpose of the Convention.
The Government of the Kingdom of the Netherlands therefore objects to the above-mentioned
reservations. This objection shall not preclude the entry into force of the Convention
between the Kingdom of the Netherlands and Lesotho.
Bezwaar Denemarken, 12-02-1997
The Government of Denmark finds that the said reservations are covering 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.
The Government of Denmark finds that the reservations are incompatible with the object
and purpose of the Convention and accordingly inadmissible and without effect under
international law. Consequently, the Government of Denmark objects to these reservations.
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 Convention remains in force in its entirety between Lesotho and Denmark.
The Government of Denmark recommends the Government of Lesotho to reconsider its reservations
to the [said] Convention.
Libanon
16-04-1997
The Government of the Lebanese Republic enters reservations regarding article 9 (2),
and article 16 (1) (c) (d) (f) and (g) (regarding the right to choose a family name).
In accordance with paragraph 2 of article 29, the Government of the Lebanese Republic
declares that it does not consider itself bound by the provisions of paragraph 1 of
that article.
Bezwaar Zweden, 27-01-1998
The Government of Sweden considers that the reservations made by Lebanon upon accession
are incompatible with the object and purpose of the Convention (article 28, paragraph
2) and therefore objects to them.
In this context the Government of Sweden wishes to take this opportunity to make the
observation that the reason why reservations incompatible with the object and purpose
of a treaty are not acceptable is precisely that otherwise they would render a basic
international obligation of a contractual nature meaningless. Incompatible reservations,
made in respect of the Convention on the elimination of all forms of discrimination
against women, do not only cast doubts on the commitments of the reserving states
to the objects and purpose of this Convention, but moreover, contribute to undermine
the basis of international contractual 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 other parties.
Bezwaar Oostenrijk, 20-02-1998
Austria is of the view that a reservation by which a State limits its responsibilities
under the Convention in a general and unspecified manner by invoking internal law
creates doubts as to the commitment of Lebanon with its obligations under the Convention,
essential for the fulfillment of its object and purpose.
It is in the common interests of States that treaties to which they have chosen to
become Parties are respected, as to their object and purpose, by all Parties and that
States are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties.
Austria is further of the view that a general reservation of the kind made by the
Government of Lebanon, which does not clearly specify the provisions of the Convention
to which it applies and the extent of the derogation therefrom, contributes to undermining
the basis of international treaty law.
Given the general character of this reservation a final assessment as to its admissibility
under international law cannot be made without further clarification.
According to international law a reservation is inadmissible to the extent as its
application negatively affects the compliance by a State with its obligations under
the Convention essential for the fulfillment of its object and purpose.
Therefore, Austria cannot consider the reservation made by the Government of Lebanon
as admissible unless the Government of Lebanon, 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 Convention.
This view by Austria would not preclude the entry into force in its entirety of the
Convention between Lebanon and Austria.
Bezwaar Nederlanden, het Koninkrijk der, 15-05-1998
The Government of the Kingdom of the Netherlands considers the reservations made by
Lebanon incompatible with the object and purpose of the Convention (article 28, paragraph
2).
The Government of the Kingdom of the Netherlands therefore objects to the [said] reservations.
These objections shall not preclude the entry into force of the Convention between
Lebanon and the Kingdom of the Netherlands.
Bezwaar Denemarken, 26-06-1998
The Government of Denmark is of the view that the reservations made by the Government
of Lebanon raise doubts as to the commitment of Lebanon to the object and purpose
of the Convention and would recall that, according to article 28, paragraph 2 of the
Convention, a reservation incompatible with the object and purpose of the present
Convention shall not be permitted. For this reason, the Government of Denmark objects
to the said reservations made by the Government of Lebanon.
The Government of Denmark recommends the Government of Lebanon to reconsider their
reservations to [the Covenant].
Libië
16-05-1989
1. Article 2 of the Convention shall be implemented with due regard for the peremptory
norms of the Islamic Shariah relating to determination of the inheritance portions
of the estate of a deceased person, whether female or male.
2. The implementation of paragraph 16 (c) and (d) of the Convention shall be without
prejudice to any of the rights guaranteed to women by the Islamic Shariah.
Bezwaar Zweden, 25-05-1990
The Government of Sweden considers that the reservations regarding article 2 and article
16, paragraph (c) and (d) are incompatible with the object and purpose of the Convention
(article 28, paragraph 2) and therefore objects to them.
In this context the Government of Sweden wishes to take this opportunity to make the
observation that the reason why reservations incompatible with the object and purpose
of a treaty are not acceptable is precisely that otherwise they would render a basic
international obligation of a contractual nature meaningless. Incompatible reservations,
made in respect of the Convention on the elimination of all forms of discrimination
against women, do not only cast doubts on the commitments of the reserving states
to the objects and purpose of this Convention, but moreover, contribute to undermine
the basis of international contractual 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 other parties.
Bezwaar Finland, 08-06-1990
With regard to the reservation made by the Libyan Arab Jamahiriya upon accession (see
also objection made on 16 October 1996, hereinafter, with regard to the reservation
made by the Libyan Arab Jamahiriya upon accession, as modified on 5 July 1995):
The Government of Finland has examined the contents of the reservation made by the
Libyan Arab Jamahiriya and considers the said reservation as being incompatible with
the object and purpose of the Convention. The Government of Finland therefore enters
its formal objection to this reservation.
This objection is not an obstacle to the entry into force of the said Convention between
Finland and the Libyan Arab Jamahiriya.
Bezwaar Duitsland, 20-06-1990
In respect of the reservation made by the Libyan Arab Jamahiriya, the Federal Republic of Germany also holds the view that the reservation made by the Libyan Arab Jamahiriya regarding article 7 of the Convention is likewise incompatible with the object and purpose of the Convention because for all matters which concern national security it reserves in a general and thus unspecific manner the right of the Government of Libya to apply the provisions only within the limits established by national laws, regulations and practices.
Bezwaar Denemarken, 03-07-1990
The Government of Denmark has taken note of the reservation made by the Libyan Arab Jamahiriya when acceding [to the said Convention]. In the view of the Government of Denmark 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.
Bezwaar Noorwegen, 16-07-1990
The Government of Norway has examined the contents of the reservation made by the
Libyan Arab Jamahiriya, by which the accession `is subject to the general reservation
that such accession cannot conflict with the laws on personal status derived from
the Islamic Shariah'. The Norwegian Government has come to the conclusion that this
reservation is incompatible with the object and purpose of the Convention (article
28, paragraph 2). The Government of Norway objects to the reservation.
The Norwegian Government will stress that by acceding to the Convention, a state commits
itself to adopt the measures required for the elimination of discrimination, in all
its forms and manifestations, against women. A reservation by which a State Party
limits its responsibilities under the Convention by invoking religious law (Shariah),
which is subject to interpretation, modification, and selective application in different
states adhering to Islamic principles, may create doubts about the commitments of
the reserving state to the object and purpose of the Convention. It may also undermine
the basis of international treaty law. All states have common interest in securing
that all parties respect treaties to which they have chosen to become parties.
Bezwaar Mexico, 23-07-1990
The Government of the United Mexican States has studied the content of the reservations
made by the Libyan Arab Jamahiriya to the Convention and has concluded that they should
be considered invalid in the light of article 28, paragraph 2, of the Convention,
because they are incompatible with its object and purpose.
Indeed, these reservations, if implemented, would inevitably result in discrimination
against women on the basis of sex, which is contrary to all the articles of the Convention.
The principles of equal rights of men and women and non-discrimination on the basis
of sex, which are embodied in the second preambular paragraph and Article 1, paragraph
3, of the Charter of the United Nations, to which Libyan Arab Jamahiriya is a signatory,
and in articles 2 and 16 of the Universal Declaration of Human Rights of 1948, were
previously accepted by the Government of Libyan Arab Jamahiriya when it acceded [...]
to the International Covenant on Civil and Political Rights and the International
Covenant on Economic, Social and Cultural Rights. The above principles were stated
in article 2, paragraph 1, and article 3 of the former Covenant and in article 2,
paragraph 2, and article 3 of the latter. Consequently, it is inconsistent with these
contractual obligations previously assumed by Libyan Arab Jamahiriya for its Government
now to claim that it has reservations, on the same subject, about the 1979 Convention.
The objection of the Government of the United Mexican States to the reservations in
question should not be interpreted as an impediment to the entry into force of the
1979 Convention between the United Mexican States and the Libyan Arab Jamahiriya.
Bezwaar Nederlanden, het Koninkrijk der, 23-07-1991
The Government of the Kingdom of the Netherlands considers that the reservations made
by the Libyan Arab Jamahiriya upon accession, are incompatible with the object and
purpose of the Convention (article 28, paragraph 2).
These objections shall not preclude the entry into force of the Convention as between
Libyan Arab Jamahiriya and the Kingdom of the Netherlands.
Bezwaar Finland, 16-10-1996
A reservation which consists of a general reference to religious law without specifying its contents does not clearly define to the other Parties of the Convention the extent to which the reserving State commits itself to the Convention and therefore may cast doubts about the commitment of the reserving State to fulfil its obligations under the Convention. Such a reservation is also, in the view of the Government of Finland, subject to the general principle of the observance of treaties according to which a Party may not invoke the provisions of its internal law as justification for failure to perform a treaty.
Liechtenstein
22-12-1995
Reservation concerning article 1
In the light of the definition given in article 1 of the Convention, the Principality
of Liechtenstein reserves the right to apply, with respect to all the obligations
of the Convention, article 3 of the Liechtenstein Constitution.
[...]
Malediven
23-06-1999
Maldives made reservations to sub-paragraphs (a), (c), (d) and (f) of paragraph 1
of Article 16.
(See CN.73.2020.TREATIES-IV.8 dated 25 February 2020 for the reservations to Article
16 that have been withdrawn; on 31 March 2010, Maldives withdrew its reservation regarding
article 7(a))
Bezwaar Finland, 05-05-1994
In the view of the Government of Finland, the unlimited and undefined character of
the said reservations create serious doubts about the commitment of the reserving
State to fulfil its obligations under the Convention. In their extensive formulation,
they are clearly contrary to the object and purpose of the Convention. Therefore,
the Government of Finland objects to such reservations.
The Government of Finland also recalls that the said reservations are subject to the
general principle of treaty interpretation according to which a party may not invoke
the provisions of its domestic law as a justification for failure to perform its treaty
obligations.
The Government of Finland does not, however, consider that this objection constitutes
an obstacle to the entry into force of the Convention between Finland and Maldives.
Bezwaar Nederlanden, het Koninkrijk der, 14-07-1994
[...] The Government of the Kingdom of the Netherlands has examined the reservations
made by the Maldives [...]. The Government of the Kingdom of the Netherlands considers
the said reservations incompatible with the object and purpose of the Convention.
The Government of the Kingdom of the Netherlands objects to the above-mentioned declarations
and reservations.These objections shall not preclude the entry into force of the Convention
as between India, Morocco, the Maldives and the Kingdom of the Netherlands.
Bezwaar Duitsland, 24-10-1994
The Federal Republic of Germany considers that the reservations made by Maldives regarding [...] are incompatible with the object and purpose of the Convention (article 28, paragraph 2) and therefore objects to them. In relation to the Federal Republic of Germany, they may not be invoked in support of a legal practice which does not pay due regard to the legal status afforded to women and children in the Federal Republic of Germany in conformity with the above-mentioned articles of the Convention. This objection shall not preclude the entry into force of the Convention as between Maldives and the Federal Republic of Germany.
Bezwaar Canada, 25-10-1994
In the view of the Government of Canada, this reservation is incompatible with the object and purpose of the Convention (article 28, paragraph 2). The Government of Canada therefore enters its formal objection to this reservation. This objection shall not preclude the entry into force of the Convention as between Canada and the Republic of Maldives.
Bezwaar Noorwegen, 25-10-1994
In the view of the Government of Norway, a reservation by which a State party limits
its responsibilities under the Convention by invoking general principles of internal
law may create doubts about the commitments of the reserving State to the object and
purpose of the Convention and, moreover, contribute to undermine the basis of international
treaty law. It is in the common interest of States thattreaties to which they have
chosen to become parties also are respected, as to their object and purpose, by all
parties. Furthermore, under well established international treaty law, a State is
not permitted to invoke internal law as justification for its failure to perform its
treaty obligations. For these reasons, the Government of Norway objects to Maldives
reservations.
The Government of Norway does not consider this objection to constitute an obstacle
to the entry into force of the above-stated Convention between the Kingdom of Norway
and the Republic of Maldives.
Bezwaar Oostenrijk, 26-10-1994
The reservation made by the Maldives is incompatible with the object and purpose of the Convention and is therefore inadmissible under article 19 (c) of the Vienna Convention on the Law of Treaties and shall not be permitted, in accordance with article 28 (2) of the Convention on the Elimination of All Forms of Discrimination Against Women. Austria therefore states that this reservation cannot alter or modify in any respect the obligations arising from the Convention for any State Party thereto.
Bezwaar Zweden, 26-10-1994
Indeed the reservations in question, if put into practice, would inevitably result
in discrimination against women on the basis of sex, which is contrary to everything
the Convention stands for. It should also be borne in mind that the principles of
the equal rights of men and women and of non-discrimination on the basis of sex are
set forth in the Charter of the United Nations as one of its purposes, in the Universal
Declaration of Human Rights of 1948 and in various multilateral instruments, [...].
In this context the Government of Sweden wishes to take this opportunity to make the
observation that the reason why reservations incompatible with the object and purpose
of a treaty are not acceptable is precisely that otherwise they would render a basic
international obligation of a contractual nature meaningless. Incompatible reservations,
made in respect of the Convention on the elimination of all forms of discrimination
against women, do not only cast doubts on the commitments of the reserving states
to the objects and purpose of this Convention, but moreover, contribute to undermine
the basis of international contractual 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 other parties.
The Government of Sweden therefore objects to these reservations and considers that
they constitute an obstacle to the entry into force of the Convention between Sweden
and the Republic of Maldives
Bezwaar Portugal, 26-10-1994
The Government of Portugal considers that the reservations formulated by the Maldives
are incompatible with the object and purpose of the Convention and they are inadmissible
under article19 (c) of the Vienna Convention on the Law of Treaties.
Furthermore, the Government of Portugal considers that these reservations cannot alter
or modify in any respect the obligations arising from the Convention for any State
party thereto.
Bezwaar Denemarken, 12-02-1997
The Government of Denmark finds that the said reservations are covering 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.
The Government of Denmark finds that the reservations are incompatible with the object
and purpose of the Convention and accordingly inadmissible and without effect under
international law. Consequently, the Government of Denmark objects to these reservations.
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 Convention remains in force in its entirety between Maldives and Denmark.The Government
of Denmark recommends the Government of Maldives to reconsider its reservations to
the [said] Convention.
Bezwaar Duitsland, 16-08-1999
The modification does not constitute a withdrawal or a partial withdrawal of the original
reservations to the Convention by the Republic of the Maldives. Instead the modification
constitutes a new reservation to articles [...] and 16 (elimination of discrimination
against women in all matters relating to marriage and family relations) of the Convention
extending and reinforcing the original reservations.
The Government of the Federal Republic of Germany notes that reservations to treaties
can only be made by a State when signing, ratifying, accepting, approving or acceding
to a treaty (article 19 of the Vienna Convention on the Law of Treaties). After a
State has bound itself to a treaty under international law it can no longer submit
new reservations or extend or add to old reservations. It is only possible to totally
or partially withdraw original reservations, something unfortunately not done by the
Government of the Republic of the Maldives with its modification.
The Government of the Federal Republic of Germany objects to the modification of the
reservations.
Bezwaar Finland, 17-08-1999
The Government of Finland objected in 1994 to the reservations made by the Government
of Maldives upon accession to the Convention on the Elimination of All Forms of Discrimination
against Women. The Government of Finland has now examined the contents of the modified
reservation made by the Government of the Republic of Maldives to the said Convention.
The Government of Finland welcomes with satisfaction that the Government of the Republic
of Maldives has specified the reservations made at the time of its accession to the
Convention. However, the reservations to [...] and Article 16 still include elements
which are objectionable. The Government of Finland therefore wishes to declare that
it assumes that the Government of the Republic of Maldives will ensure the implementation
of the rights recognised in the Convention and will do its utmost to bring its national
legislation into compliance with obligations under the Convention with a view to withdrawing
the reservation. This declaration does not preclude the entry into force of the Convention
between the Maldives and Finland.
Maleisië
05-07-1995
The Government of Malaysia declares that Malaysia's accession is subject to the understanding that the provisions of the Convention do not conflict with the provisions of the Islamic Sharia' law and the Federal Constitution of Malaysia. With regard thereto, further, the Government of Malaysia does not consider itself bound by the provisions of articles [...], 9 and 16 of the aforesaid Convention.
Bezwaar Nederlanden, het Koninkrijk der, 15-10-1996
The Government of the Kingdom of the Netherlands considers [...] that such reservations,
which seeks to limit the responsibilities of the reserving State under the Convention
by invoking the general principles of national law and the Constitution, may raise
doubts as to the commitment of this 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 should be respected, as to object and purpose, by all parties.
The Government of the Kingdom of the Netherlands further considers that the reservations
made by Malaysia regarding [...] , article 9 and article 16 of the Convention are
incompatible with the object and purpose of the Convention.
The Government of the Kingdom of the Netherlands therefore objects to the above-mentioned
reservations. This objection shall not preclude the entry into force of the Convention
between the Kingdom of the Netherlands and Malaysia.
Bezwaar Finland, 16-10-1996
The reservations made by Malaysia, consisting of a general reference to religious
and national law without specifying the contents thereof and 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 creates serious doubts about the commitment
of the reserving State to fulfill its obligations under the Convention. Reservations
of such unspecified nature may contribute to undermining the basis of international
human rights treaties.
The Government of Finland also recalls that the reservations of Malaysia are subject
to the general principles 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 the reservations
made by Malaysia are clearly incompatible with the object and purpose of the said
Convention and therefore inadmissible under article 28, 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.
Bezwaar Noorwegen, 16-10-1996
In the view of the Government of Norway, a statement by which a State Party purports
to limit its responsibilities under the Convention by invoking general principles
of internal or religious law may create doubts about the commitment of the reserving
State to the object and purpose of the Convention and, moreover, contribute to undermining
the basis of international treaty law. Under well-established international treaty
law, a State is not permitted to invoke internal law as justification for its failure
to perform its treaty obligations. Furthermore, the Government of Norway considers
that reservation made by the Government of Malaysia with respect to certain specific
provisions of the Convention is so extensive as to be contrary to the object and purpose
of the Convention, and thus not permitted under article 28, paragraph 2, of the Convention.
For these reasons, the Government of Norway objects to the reservations 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.
Bezwaar Zweden, 25-10-1996
The Government of Sweden considers that the reservations are incompatible with the object and purpose of the Convention (article 28, paragraph 2) and therefore objects to them.
Bezwaar Denemarken, 12-02-1997
The Government of Denmark finds that the said reservations are covering 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.
The Government of Denmark finds that the reservations are incompatible with the object
and purpose of the Convention and accordingly inadmissible and without effect under
international law. Consequently, the Government of Denmark objects to these reservations.
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 Convention remains in force in its entirety between Malaysia and Denmark.
The Government of Denmark recommends the Government of Malaysia to reconsider its
reservations to the [said] Convention.
Bezwaar Frankrijk, 20-07-1998
France considers that the reservation made by Malaysia, as expressed in the partial
withdrawal and modifications made by Malaysia on 6 February 1998, is incompatible
with the object and purpose of the Convention. France therefore object to the [reservation].
This objection shall nog otherwise affect the entry into force of the Convention between
France and Malaysia.
Consequently, the modification in question is not accepted, the Government of France
having objected thereto.
Bezwaar Nederlanden, het Koninkrijk der, 21-07-1998
The Government of the Kingdom of the Netherlands acknowledges that Malaysia has specified these reservations, made at the time of its accession to the Convention. Nevertheless the Govenrment of the Kingdom of the Netherlands wishes to declare that it assumes that Malaysia will ensure implementation of the rights enshrined in the above articles and will strive to bring its relevant national legislation into conformity with the obligations imposed by the Convention. This declaration shall not preclude the entry into force of the Convention between the Kingdom of the Netherlands and Malaysia.
19-07-2010
[...],
the remaining reservations and declaration will now read as follows:
The Government of Malaysia declares that Malaysia’s accession is subject to the understanding
that the provisions of the Convention do not conflict with the provisions of the Islamic
Sharia’ law and the Federal Constitution of Malaysia. With regard thereto, further,
the Government of Malaysia does not consider itself bound by the provisions of articles
9 (2), 16 (1) (a), 16 (1) (c), 16 (1) (f) and 16 (1) (g) of the aforesaid Convention.
In relation to article 11 of the Convention, Malaysia interprets the provisions of
this article as a reference to the prohibition of discrimination on the basis of equality
between men and women only.
Bezwaar Oostenrijk, 24-06-2011
The Government of Austria has examined the modification of the reservations made by
Malaysia to the Convention on the Elimination of All Forms of Discrimination against
Women as notified on 19 July 2010.
In the view of Austria a reservation should clearly define for the other States Parties
to the Convention the extent to which the reserving State has accepted the obligations
of the Convention. A reservation which consists of a general reference to constitutional
provisions and Islamic Sharia law without specifying its implications does not do
so. The Government of Austria therefore objects to this general reservation.
The Government of Austria further finds that the reservations to articles 9 (2), 16
(1) a, 16 (1) f and 16 (1) g, if put into practice, would inevitably result in discrimination
against women on the basis of sex. This is contrary to the object and purpose of the
Convention. The Government of Austria therefore objects to these reservations.
This position, however, does not affect the application of the Convention in its entirety
between Austria and Malaysia.
Malta
08-03-1991
A. Article 11
The Government of Malta interprets paragraph 1 of article II, in the light of provisions
of paragraph 2 of article 4, as not precluding prohibitions, restrictions, or conditions
on the employment of women in certain areas, or the work done by them, where this
is considered necessary or desirable to protect the health and safety of women or
the human foetus, including such prohibitions, restrictions or conditions imposed
in consequence of other international obligations of Malta.
B. Article 13
(i) The Government of Malta reserves the right, notwithstanding anything in the Convention,
to continue to apply its tax legislation which deems, in certain circumstances, the
income of a married woman to be the income of her husband and taxable as such.
(ii) The Government of Malta reserves the right to continue to apply its social security
legislation which in certain circumstances makes certain benefits payable to the head
of the household which is, by such legislation, presumed to be the husband.
C. Articles 13, 15, 16
While the Government of Malta is committed to remove, in as far as possible, all aspects
of family and property law which may be considered as discriminatory to females, it
reserves the right to continue to apply present legislation in that regard until such
time as the law is reformed and during such transitory period until those laws are
completely superseded.
D. Article 16
The Government of Malta does not consider itself bound by sub-paragraph (e) of paragraph
(1) of article 16 in so far as the same may be interpreted as imposing an obligation
on Malta to legalize abortion.
Marokko
21-06-1993
1. With regard to article 2:
The Government of the Kingdom of Morocco express its readiness to apply the provisions
of this article provided that:
- They are without prejudice to the constitutional requirement that regulate the rules
of succession to the throne of the Kingdom of Morocco;
- They do not conflict with the provisions of the Islamic Shariah. It should be noted
that certain of the provisions contained in the Moroccan Code of Personal Status according
women rights that differ from the rights conferred on men may not be infringed upon
or abrogated because they derive primarily from the Islamic Shariah, which strives,
among its other objectives, to strike a balance between the spouses in order to preserve
the coherence of family life.
2. With regard to article 15, paragraph 4:
The Government of the Kingdom of Morocco declares that it can only be bound by the
provisions of this paragraph, in particular those relating to the right of women to
choose their residence and domicile, to the extent that they are not incompatible
with articles 34 and 36 of the Moroccan Code of Personal Status.
Reservation:
[...]
3. With regard to article 29:
The Government of the Kingdom of Morocco does not consider itself bound by the first
paragraph of this article, which provides that any dispute between two or more States
Parties concerning the interpretation or application of the present Convention which
is not settled by negotiation shall, at the request of one of them, be submitted to
arbitration.
The Government of the Kingdom of Morocco is of the view that any dispute of this kind
can only be referred to arbitration by agreement of all the parties to the dispute.
Bezwaar Nederlanden, het Koninkrijk der, 14-07-1994
The Government of the Kingdom of the Netherlands considers that the declaration made
by Morocco expressing the readiness of Morocco to apply the provisions of article
2 provided that they do not conflict with the provisions of the Islamic Shariah, is
a reservation incompatible with the object and purpose of the Convention (article
28, paragraph 2).
The Government of the Kingdom of the Netherlands considers that the declaration made
by Morocco regarding article 15, paragraph 4, of the Convention is a reservation incompatible
with the object and purpose of the Convention (article 28, paragraph 2).
[...]
The Government of the Kingdom of the Netherlands objects to the above-mentioned declarations
and reservations.
These objections shall not preclude the entry into force of the Convention as between
Morocco and the Kingdom of the Netherlands.
Mauritanië
10-05-2001
Having seen and examined the United Nations Convention on the Elimination of All Forms of Discrimination against Women, adopted by the United Nations General Assembly on 18 December 1979, have approved and do approve it in each and every one of its parts which are not contrary to Islamic Sharia and are in accordance with our Constitution.
Bezwaar Verenigd Koninkrijk, 28-11-2001
The Government of the United Kingdom of Great Britain and Northern Ireland have examined
the reservation made by the Government of Mauritania in respect of the Convention,
which reads as follows:
Having seen and examined the United Nations Convention on the Elimination of All Forms
of Discrimination Against Women, adopted by the UN General Assembly on 18 December
1979, have approved and do approve it in each and every one of its parts which are
not contrary to Islamic Sharia and are in accordance with our Constitution.
The Government of the United Kingdom note that a reservation to a Convention which
consists of a general reference to national 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 Government
of the United Kingdom therefore object to the reservation made by the Government of
Mauritania.
This objection shall not preclude the entry into force of the Convention between the
United Kingdom of Great Britain and Northern Ireland and Mauritania.
Bezwaar Zweden, 21-01-2002
The Government of Sweden has examined the reservation made by Mauritania upon acceding
to the Convention on the Elimination of All Forms of Discrimination Against Women.
The Government of Sweden notes that the Convention is being made subject to a general
reservation of unlimited scope referring to the contents of Islamic Sharia and to
existing legislation in Mauritania.
The Government of Sweden is of the view that this reservation which does not clearly
specify the provisions of the Convention to which it applies, and the extent of the
derogation therefrom, raises serious doubts as to the commitment of Mauritania to
the object and purpose of the Convention. The Government of Sweden would like to recall
that, 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.
It is in the common interest of States that treaties to which they have chosen to
become parties are respected as to their object and purpose, by all parties, and that
States are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties.
The Government of Sweden therefore objects to the aforesaid reservation made by the
Government of Mauritania to the Convention on the Elimination of All Forms of Discrimination
Against Women.
The objection shall not preclude the entry into force of the Convention between Mauritania
and Sweden. The Convention enters into force in its entirety between the two States,
without Mauritania benefiting from its reservation.
Bezwaar Nederlanden, het Koninkrijk der, 08-02-2002
The Government of the Kingdom of the Netherlands has examined the reservation made
by the Government of Mauritania at the time of its accession to the Convention on
the Elimination of All Forms of Discrimination against Women and considers that the
reservation concerning the Islamic Sharia and the national law of Mauritania, which
seeks to limit the responsibilities of the reserving State under the Convention by
invoking the Sharia and national law, may raise doubts as to the commitment of this
State to the object and purpose of the Convention and, moreover, contribute to undermining
the basis of international treaty law. The Government of the Kingdom of the Netherlands
recalls that, according to paragraph 2 of Article 28 of the Convention, a reservation
incompatible with the object and purpose of the Convention shall not be permitted.
It is in the common interest of States that treaties to which they have chosen to
become party are respected, as to their object and purpose, by all parties and that
States are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties. The Government of the Kingdom of the Netherlands
therefore objects to the aforesaid reservation made by the Government of Mauritania
to the Convention on the Elimination of All Forms of Discrimination against Women.
This objection shall not preclude the entry into force of the Convention between the
Kingdom of the Netherlands and Mauritania.
Bezwaar Oostenrijk, 13-02-2002
The Government of Austria has examined the reservation to the Convention on the Elimination
of all Forms of Discrimination against Women made by the Government of the Islamic
Republic of Mauritania in its note to the Secretary-General of 5 June 2001.
The Government of Austria considers that, in the absence of further clarification,
this reservation raises doubts as to the degree of commitment assumed by Mauritania
in becoming a party to the Convention since it refers to the contents of Islamic Sharia
and to existing national legislation in Mauritania. The Government of Austria would
like to recall that, according to art. 28 (2) of the Convention as well as 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.
It is in the common interest of States that treaties to which they have chosen to
become parties are respected as to their object and purpose, by all parties, and that
States are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties.
For these reasons, the Government of Austria objects to this reservation made by the
Government of Mauritania.
This position, however, does not preclude the entry into force in its entirety of
the Convention between Mauritania and Austria.
Bezwaar Denemarken, 21-02-2002
The Government of Denmark has examined the reservations made by the Government of
Mauritania upon accession to the Convention on the Elimination of All Forms of Discrimination
Against Women as to any interpretation of the provisions of the Convention that is
incompatible with the norms of Islamic law and the Constitution in Mauritania.
The Government of Denmark finds that the general reservation with reference to the
provisions of Islamic law and the Constitution are of unlimited scope and undefined
character. 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 Government of Denmark therefore objects to the aforesaid reservation made by the
Government of Mauritania to the Convention on the Elimination of all Forms of Discrimination
against Women.
This shall not preclude the entry into force of the Convention in its entirety between
Mauritania and Denmark.
The Government of Denmark recommends the Government of Mauritania to reconsider its
reservations to the Convention on the Elimination of All Forms of Discrimination against
Women.
Bezwaar Portugal, 04-03-2002
The Government of the Portuguese Republic has examined the reservation made by the
Government of the Islamic Republic of Mauritania to the Convention on the Elimination
of All Forms of Discrimination against Women (New York, 18 December 1979) on 10 May
2001 in respect of any interpretation of the provisions of the Convention that it
is incompatible with the precept of Islamic law and its Constitution.
The Government of the Portuguese Republic is of the view that the said reservation
refers in a general manner to national law, failing to specify clearly its content
and, therefore, leaving the other State parties with doubts as to the real extent
of the Islamic Republic of Mauritania's commitment to the Convention.
Furthermore it also considers the reservation made by the Government of the Islamic
Republic of Mauritania incompatible with the objective and purpose of the aforesaid
Convention, and it seriously limits or even excludes its application on a vaguely
defined basis, such as the global reference to the Islamic law.
The Government of the Portuguese Republic therefore objects to the reservation made
by the Government of the Islamic Republic of Mauritania to the Convention on the Elimination
of All Forms of Discrimination against Women.
This objection shall not preclude the entry into force of the Convention between the
Portuguese Republic and the Islamic Republic of Mauritania.
Bezwaar Duitsland, 14-03-2002
The Government of the Federal Republic of Germany has examined the reservation to
the Convention on the Elimination of all Forms of Discrimination against Women made
by the Government of Mauritania at the time of its accession to the Convention. The
Government of the Federal Republic of Germany is of the view that the reservation
with regard to the compatibility of the rules of the Convention with the precepts
of Islamic Sharia and the Constitution of Mauritania raises doubts as to the commitment
of Mauritania to fulfil its obligations under the Convention. The Government of the
Federal Republic of Germany considers this reservation to be incompatible with the
object and purpose of the Convention. Therefore the Government of the Federal Republic
of Germany objects to the aforesaid reservation made by the Government of Mauritania
to the Convention.
This objection does not preclude the entry into force of the Convention between the
Federal Republic of Germany and Mauritania.
Bezwaar Finland, 20-05-2002
The Government of Finland has carefully examined the contents of the reservation made
by the Government of Mauritania to the Convention on the Elimination of all Forms
of Discrimination Against Women.
The Government of Finland notes that a reservation which consists of a general reference
to religious or other national law without specifying its contents does not clearly
define to other Parties to the Convention the extent to which the reserving State
commits itself to the Convention and therefore creates serious doubts as to the commitment
of the reserving State to fulfil its obligations under the Convention.
Furthermore, reservations are 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.
The Government of Finland recalls Part VI, Article 28 of the Convention according
to which reservations incompatible with the object and purpose of the Convention are
not permitted.
The Government of Finland therefore objects to the above-mentioned reservation made
by the Government of Mauritania to the Convention.
This objection does not preclude the entry into force of the Convention between Mauritania
and Finland. The Convention will thus become operative between the two states without
Mauritania benefiting from the reservations.
Bezwaar Noorwegen, 31-05-2002
The Government of Norway has examined the contents of the reservation made by the
Government of Mauritania upon accession to the Convention on the Elimination of all
Forms of Discrimination against Women.
The reservation consists of a general reference to national law and does not clearly
define to what extent Mauritania has accepted the obligations under the Convention.
The Government of Norway therefore objects to the reservation, as it is contrary to
the object and purpose of the Convention and thus impermissible according to Article
28 of the Convention.
This objection does not preclude the entry into force in its entirety of the Convention
between the Kingdom of Norway and Mauritania. The Convention thus becomes operative
between Norway and Mauritania without Mauritania benefiting from the reservation.
Bezwaar Ierland, 13-06-2002
The Government of Ireland [has] examined the reservation made by Mauritania upon its
accession to the Convention on the Elimination of All Forms of Racial Discrimination
against Women.
The Government of Ireland [is] of the view that a reservation which consists of a
general reference to religious law and to the Constitution of the reserving State
and which does not clearly specify the provisions of the Convention to which it applies
and the extent of the derogation therefrom, may cast doubts on the commitment of the
reserving State to fulfil its obligations under the Convention. The Government of
Ireland [is] furthermore of the view that such a general reservation may undermine
the basis of international treaty law.
The Government of Ireland [recalls] that article 28, paragraph 2 of the Convention
provides that a reservation incompatible with the object and purpose of the Convention
shall not be permitted.
The Government of Ireland therefore [objects] to the reservation made by Mauritania
to the Convention on the Elimination of All Forms of Discrimination against Women.
This objection shall not preclude the entry into force of the Convention between Ireland
and Mauritania.
Bezwaar Frankrijk, 17-06-2002
The Government of the French Republic has examined the reservation made by the Government
of Mauritania upon accession to the Convention of 18 December 1979 on the Elimination
of All Forms of Discrimination against Women. By stating that it approves the Convention
in each and every one of its parts which are not contrary to Islamic Sharia and to
its Constitution, the Government of Mauritania formulates a reservation of general,
indeterminate scope that gives the other States parties no idea which provisions of
the Convention are currently affected by the reservation or might be affected in future.
The Government of the French Republic considers that the reservation could make the
provisions of the Convention ineffective and objects to it.
25-07-2014
[...] that it partially withdraws its general reservation made upon accession, which shall continue to apply in respect of articles 13(a) and 16 of the Convention.
Mauritius
09-07-1984
[...]
The Government of Mauritius does not consider itself bound by paragraph 1 of article
29 of the Convention, in pursuance of paragraph 2 of article 29.
Mexico
17-07-1980
In signing ad referendum the Convention on the Elimination of All Forms of Discrimination Against Women, which the General Assembly opened for signature by States on 18 December 1979, the Government of the United Mexican States wishes to place on record that it is doing so on the understanding that the provisions of the said Convention, which agree in all essentials with the provisions of Mexican legislation, will be applied in Mexico in accordance with the modalities and procedures prescribed by Mexican legislation and that the granting of material benefits in pursuance of the Convention will be as generous as the resources available to the Mexican State permit.
Micronesia
01-09-2004
1. The Government of the Federated States of Micronesia advises that it is not at
present in a position to take the measures either required by Article 11 (1) (d) of
the Convention to enact comparable worth legislation, or by Article 11 (2) (b) to
enact maternity leave with pay or with comparable social benefits throughout the nation;
2. The Government of the Federated States of Micronesia, in its capacity as trustee
of the heritage of diversity within its States under Article V of its Constitution,
reserves the right not to apply the provisions of Articles 2 (f), 5, and 16 to the
succession of certain well-established traditional titles, and to marital customs
that divide tasks or decision-making in purely voluntary or consensual private conduct;
and
3. The Government of the Federated States of Micronesia does not consider itself bound
by the provisions of Article 29 (1) of the Convention, and takes the position that
any dispute relating to the interpretation or application of the Convention may only
be submitted to arbitration or to the International Court of Justice with the agreement
of all parties to the dispute.
Bezwaar Verenigd Koninkrijk, 17-08-2005
The Government of the United Kingdom have examined the reservations made by the Government
of Micronesia to the Convention on the Elimination of all Forms of Discrimination
against Women (New York, 18 December 1979) on 9 September 2004 in respect of Article
11 (1) (d) on the enactment of comparable worth legislation.
The Government of the United Kingdom object to the aforesaid reservation made by the
Government of Micronesia.
This objection shall not preclude the entry into force of the Convention between the
United Kingdom of Great Britain and Northern Ireland and Micronesia.
Bezwaar Zweden, 25-08-2005
The Government of Sweden is of the view that this reservation raises serious doubts
as to the commitment of the Government of Micronesia to the object and purpose of
the Convention. The reservation would, if put into practice, result in discrimination
against women on the basis of sex. It should be borne in mind that the principles
of the equal right of men and women and of non-discrimination on the basis of sex
are set forth in the Charter of the United Nations as one of the purposes of the organisation,
as well as in the Universal Declaration of Human Rights of 1948.
According to article 28 (2) of the Convention, and to customary law as codified in
the Vienna Convention on the Law of Treaties, reservations incompatible with the object
and purpose of the Convention shall not be permitted. It is in the common interest
of States that treaties to which they have chosen to become parties are respected
as to their object and purpose, by all parties, and that States are prepared to undertake
any legislative changes necessary to comply with their obligations under the treaties.
The Government of Sweden therefore objects to the aforesaid reservation made by the
Government of the Federated States of Micronesia to the Convention to the Elimination
of All Forms of Discrimination against Women and considers the reservation null and
void. The Convention enters into force in its entirety between the two States, without
the Federated States of Micronesia benefiting from its reservations.
Bezwaar Finland, 07-09-2005
The Government of Finland has carefully examined the contents of the reservations
made by the Government of the Federated States of Micronesia to paragraph (f) of Article
2, Article 5, paragraphs 1 (d) and 2 (b) of Article 11 and Article 16 of the Convention
on the Elimination of all Forms of Discrimination Against Women.
The Government of Finland recalls that by acceding to the Convention, a State commit
itself to adopt the measures required for the elimination of discrimination, in all
its forms and manifestations, against women.
The Government of Finland notes that the reservations made by Micronesia, addressing
some of the most essential provisions of the Convention, and aiming to exclude the
obligations under those provisions, are in contradiction with the object and purpose
of the Convention.
The Government of Finland also recalls Part VI, Article 28 of the Convention according
to which reservations incompatible with the object and purpose of the Convention are
not permitted.
The Government of Finland therefore objects to the above-mentioned reservations made
by the Government of the Federated States of Micronesia to the Convention. This objection
does not preclude the entry into force of the Convention between Micronesia and Finland.
The Convention will thus become operative between the two states without Micronesia
benefiting from its reservations.
Bezwaar Portugal, 15-12-2005
The Government o f Portugal has carefully examined the reservations made by the Federated
States of Micronesia upon its accession to the Convention on the Elimination of All
forms of Discrimination Against Women (CEDAW).
The first and second reservations concern fundamental provisions of the Convention
and are not in conformity with its object and purpose. Articles 2, 5, 11 and 16 outline
the measures which a State party is required to take in order to implement the Convention,
cover the fundamental rights of women and deal with key elements for the elimination
and discrimination against women.
Portugal considers that such reservations may create doubts as to the commitment 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 all states that treaties to which have chosen tt become
parties are respected as to their object and purpose by all parties and that States
are prepared to undertake any legislative changes necessary to comply wit their obligations
under the treaties.
The Government of the Portuguese Republic, therefore, objects to the above reservations
made by the Federated States of Micronesia to CEDAW.
This objection shall not preclude the entry into force of the Convention between Portugal
and Micronesia.
Monaco
18-03-2005
Declarations:
1. The implementation of the Convention on the Elimination of All Forms of Discrimination
Against Women does not affect the validity of conventions concluded with France.
2. The Principality of Monaco deems that the aims of the Convention are to eliminate
all forms of discrimination against women and to guarantee every individual, irrespective
of gender, equality before the law, when the aforementioned aims are in line with
the principles stipulated in the Constitution.
3. The Principality of Monaco declares that no provision in the Convention can be
interpreted as impeding the provisions of the laws and regulations of Monaco that
are more favourable to women than to men.
Reservations:
1. The ratification of the Convention by the Principality of Monaco shall have no
effect on the constitutional provisions governing the succession to the throne.
2. The Principality of Monaco reserves the right not to apply the provisions of Article
7, paragraph b, of the Convention regarding recruitment to the police force.
3. The Principality of Monaco does not consider itself bound by the provisions of
Article 9 which are not compatible with its nationality laws.
4. The Principality of Monaco does not consider itself bound by Article 16, paragraph
1(g), regarding the right to choose one's surname.
5. The Principality of Monaco does not consider itself bound by Article 16, paragraph
1(e), to the extent that the latter can be interpreted as forcing the legalization
of abortion or sterilization.
6. The Principality of Monaco reserves the right to continue to apply its social security
laws which, in certain circumstances, envisage the payment of certain benefits to
the head of the household who, according to this legislation, is presumed to be the
husband.
7. The Principality of Monaco declares, in conformity with the provisions of Article
29, paragraph 2, that it does not consider itself bound by the provisions of the first
paragraph of this article.
19-10-2017
[Monaco has decided] to withdraw its reservation to paragraph 1 (g) of article 16 of the Convention, regarding the right to choose one’s surname.
Myanmar
22-07-1997
Article 29
[The Government of Myanmar] does not consider itself bound by the provision set forth
in the said article.
Nederlanden, het Koninkrijk der
23-07-1991
During the preparatory stages of the present Convention and in the course of debates on it in the General Assembly the position of the Government of the Kingdom of the Netherlands was that it was not desirable to introduce political considerations such as those contained in paragraphs 10 and 11 of the preamble in a legal instrument of this nature. Moreover, the considerations are not directly related to the achievement of total equality between men and women. The Government of the Kingdom of the Netherlands considers that it must recall its objections to the said paragraphs in the preamble at this occasion.
Nieuw-Zeeland
10-01-1985
[...]
The Government of the Cook Islands reserves the right not to apply article 2 (f) and
article 5 (a) to the extent that the customs governing the inheritance of certain
Cook Islands chief titles may be inconsistent with those provisions.
Bezwaar Mexico, 22-05-1985
The Government of the United Mexican States has studied the content of the reservations
made by New Zealand (applicable to the Cook Islands) to article 2(f) and article 5(a),
of the Convention and has concluded that they should be considered invalid in the
light of article 28, paragraph 2, of the Convention, because they are incompatible
with its object and purpose.
Indeed, these reservations, if implemented, would inevitably result in discrimination
against women on the basis of sex, which is contrary to all the articles of the Convention.
The principles of equal rights of men and women and non-discrimination on the basis
of sex, which are embodied in the second preambular paragraph and Article 1, paragraph
3, of the Charter of the United Nations, to which New Zealand is a signatory, and
in articles 2 and 16 of the Universal Declaration of Human Rights of 1948, were previously
accepted by the Government of New Zealand when it ratified, [...] the International
Covenant on Civil and Political Rights and the International Covenant on Economic,
Social and Cultural Rights. The above principles were stated in article 2, paragraph
1, and article 3 of the former Covenant and in article 2, paragraph 2, and article
3 of the latter. Consequently, it is inconsistent with these contractual obligations
previously assumed by New Zealand for its Government now to claim that it has reservations,
on the same subject, about the 1979 Convention.
The objection of the Government of the United Mexican States to the reservations in
question should not be interpreted as an impediment to the entry into force of the
1979 Convention between the United Mexican States and New Zealand.
Bezwaar Zweden, 17-03-1986
The Government of Sweden considers that the reservations in respect of the Cook Islands
regarding article 2, paragraph (f) and article 5, paragraph (a) are incompatible with
the object and purpose of the Convention (article 28, paragraph 2) and therefore objects
to them.
In this context the Government of Sweden wishes to take this opportunity to make the
observation that the reason why reservations incompatible with the object and purpose
of a treaty are not acceptable is precisely that otherwise they would render a basic
international obligation of a contractual nature meaningless. Incompatible reservations,
made in respect of the Convention on the elimination of all forms of discrimination
against women, do not only cast doubts on the commitments of the reserving states
to the objects and purpose of this Convention, but moreover, contribute to undermine
the basis of international contractual 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 other parties.
Niger
08-10-1999
Article 2, paragraphs (d) and (f)
The Government of the Republic of the Niger expresses reservations with regard to
article 2, paragraphs (d) and (f), concerning the taking of all appropriate measures
to abolish all customs and practices which constitute discrimination against women,
particularly in respect of succession.
Article 5, paragraph (a)
The Government of the Republic of the Niger expresses reservations with regard to
the modification of social and cultural patterns of conduct of men and women.
Article 15, paragraph 4
The Government of the Republic of the Niger declares that it can be bound by the provisions
of this paragraph, particularly those concerning the right of women to choose their
residence and domicile, only to the extent that these provisions refer only to unmarried
women.
Article 16, paragraph 1 (c), (e) and (g)
The Government of the Republic of the Niger expresses reservations concerning the
above-referenced provisions of article 16, particularly those concerning the same
rights and responsibilities during marriage and at its dissolution, the same rights
to decide freely and responsibly on the number and spacing of their children, and
the right to choose a family name.
The Government of the Republic of the Niger declares that the provisions of article
2, paragraphs (d) and (f), article 5, paragraphs (a) and (b), article 15, paragraph
4, and article 16, paragraph 1 (c), (e) and (g), concerning family relations, cannot
be applied immediately, as they are contrary to existing customs and practices which,
by their nature, can be modified only with the passage of time and the evolution of
society and cannot, therefore, be abolished by an act of authority.
Article 29
The Government of the Republic of the Niger expresses a reservation concerning article
29, paragraph 1, which provides that any dispute between two or more States concerning
the interpretation or application of the present Convention which is not settled by
negotiation shall, at the request of one of them, be submitted to arbitration.
In the view of the Government of the Niger, a dispute of this nature can be submitted
to arbitration only with the consent of all the parties to the dispute.
The Government of the Republic of the Niger declares that the term "family education"
which appears in article 5, paragraph (b), of the Convention should be interpreted
as referring to public education concerning the family, and that in any event, article
5 would be applied in compliance with article 17 of the International Covenant on
Civil and Political Rights.
Bezwaar Zweden, 27-04-2000
The Government of Sweden considers that the reservations to articles 2, 5, 15 and
16 made by Niger upon accession are incompatible with the object and purpose of the
Convention (article 28, paragraph 2) and therefore objects to them.
In this context the Government of Sweden wishes to take this opportunity to make the
observation that the reason why reservations incompatible with the object and purpose
of a treaty are not acceptable is precisely that otherwise they would render a basic
international obligation of a contractual nature meaningless. Incompatible reservations,
made in respect of the Convention on the elimination of all forms of discrimination
against women, do not only cast doubts on the commitments of the reserving states
to the objects and purpose of this Convention, but moreover, contribute to undermine
the basis of international contractual 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 other parties.
Bezwaar Finland, 24-10-2000
The Government of Finland notes that the reservations [..] are not in conformity with
the object and purpose of the Convention. By acceding to the Convention, a State commits
itself to adopt the measures required for the elimination of discrimination against
women, in all its forms and manifestations. This includes taking appropriate measures,
including legislation, to modify or abolish i.e. customs and practices which constitute
discrimination against women.
As it appears evident that the Government of the Republic of Niger will not apply
the Convention with a view to fulfilling its treaty obligations to eliminate all forms
of discrimination against women and submits reservations to some of the most essential
provisions of the Convention, the above-mentioned reservations are in contradiction
with the object and purpose of the Convention.
The Government of Finland recalls Part VI, Article 28 of the Convention according
to which reservations incompatible with object and purpose of the Convention are not
permitted.
The Government of Finland therefore objects to the above-mentioned reservations made
by the Government of Niger to the Convention.
This objection does not preclude the entry into force of the Convention between Niger
and Finland. The Convention will thus become operative between the two states without
benefitting from the reservations.
Bezwaar Noorwegen, 01-11-2000
The reservation concerns fundamental provisions of the Convention. Article 2 is the
core provision as it outlines the measures which the State Party is required to take
in order to implement the Convention. The Convention can only be successfully implemented
when all measures prescribed by Article 2 are taken. Most importantly, it is unclear
how the Convention's substantive provisions will be implemented without adopting measures
to modify or abolish existing discriminatory laws, regulations, customs and practices.
The Government of Norway considers the other elements of the reservation, with exception
of the reservation made to article 29, as incompatible with the object and purpose
of the Convention. The relevant provisions cover fundamental rights of women or they
outline key elements in order to abolish discrimination against women. Women will
not have the opportunity to live on equal footing with men if these provisions are
not implemented.
Further, it is the Norwegian Government's position that Article 5, paragraph (b) covers
both public and private family education.
The Government of Norway therefore objects to the reservations made by the Government
of Niger to the following provisions:
Article 2, paragraphs (d) and (f)
Article 5, paragraph (a)
Article 15, paragraph 4
Article 16, paragraph 1 (c), (e) and (g)
This objection does not preclude the entry into force in its entirety of the Convention
between the Kingdom of Norway and Niger. The Convention thus becomes operative between
Norway and Niger without Niger benefiting from these reservations.
Bezwaar Denemarken, 02-11-2000
The Government of Denmark finds that the reservations made by the Government of Niger
are not in conformity with the object and purpose of the Convention. The provisions
in respect of which Niger has made reservations cover fundamental rights of women
and establish key elements for the elimination of discrimination against women. For
this reason, the Government of Denmark objects to the said reservations made by the
Government of Niger.
The Convention remains in force in its entirety between Niger 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 Niger to reconsider its reservations
to the Convention on the Elimination of All Forms of Discrimination against Women.
Bezwaar Frankrijk, 14-11-2000
By indicating that it "expresses reservations" to article 2, paragraphs (d) and (f),
article 5, paragraph (a), and article 16, paragraph 1 (c), (e) and (g), the Government
of the Republic of the Niger is aiming completely to preclude the application of the
provisions concerned. The reservation to article 15, paragraph 4, which seeks to deprive
married women of the right to choose their residence and domicile, is contrary to
the object and purpose of the Convention.
The general reservation relating to the provisions of article 2, paragraphs (d) and
(f), article 5, paragraphs (a) and (b), article 15, paragraph 4, and article 16, paragraph
1 (c), (e) and (g), seeks to ensure that domestic law, and even domestic practice
and the current values of society, prevail in general over the provisions of the Convention.
The provisions in question concern not only family relations but also social relations
as a whole; in particular, article 2, paragraph (d), imposes an obligation on public
authorities and institutions to comply with the ban on any act or practice of discrimination,
and article 2, paragraph (f), establishes the obligation to take the appropriate measures,
notably legislative measures, to prevent discrimination against women, including in
relations between individuals. Because it ignores these obligations, the reservation
is manifestly contrary to the object and purpose of the Convention.
The Government of the French Republic considers that the reservations to articles
2, 5, 15 and 16 completely vitiate the undertaking of the Republic of the Niger and
are manifestly not authorized by the Convention; in consequence, it enters its objection
to them.
[The Permanent Mission further adds] that the reservations of the Republic of the
Niger, made on 8 October 1999, were notified by the Secretary-General of the United
Nations on 2 November 1999 and received by the French Republic on 16 November 1999.
In these circumstances, the French Republic is still able, as at this date and until
15 November 2000, to lodge an objection and the Secretary-General of the United Nations
cannot treat this act as a simple communication.
Bezwaar Nederlanden, het Koninkrijk der, 06-12-2000
The Government of the Kingdom of the Netherlands is of the view that these reservations
which seek to limit the obligations of the reserving State by invoking its national
law, may raise doubts as to the commitment of Niger to the object and purpose of the
Convention and, moreover, contribute to undermining the basis of international treaty
law.
The Government of the Kingdom of the Netherlands recalls that according to paragraph
2 of Article 28 of the Convention, a reservation incompatible with the object and
purpose of the Convention shall not be permitted.
It is in the common interest of States that treaties to which they have chosen to
become party are respected, as to their object and purpose, by all parties and that
States are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties.
The Kingdom of the Netherlands therefore objects to the afore-said reservations made
by the Government of Niger to the Convention on the Elimination of All Forms of Discrimination
against Women. This objection shall not preclude the entry into force of the Convention
between the Kingdom of the Netherlands and Niger.
Noord-Korea
27-02-2001
The Government of the Democratic People's Republic of Korea does not consider itself bound by the provisions of paragraph (f) of article 2, paragraph 2 of article 9 and paragraph 1 of article 29 of [the Convention].
Bezwaar Spanje, 05-07-2001
The Government of the Kingdom of Spain has examined the reservations made by the Government
of the Democratic People's Republic of Korea to articles 2 (f) and 9 (2) of the Convention
on the Elimination of All Forms of Discrimination against Women, on 27 February 2001
in acceding to the Convention.
The Government of the Kingdom of Spain considers those reservations to be incompatible
with the object and purpose of the Convention, since their intent is to exempt the
Democratic People's Republic of Korea from committing itself to two essential elements
of the Convention, one being the general requirement to take measures, including legislation,
to eliminate all forms of discrimination against women (article 2 (f)) and the other
being the requirement to address a specific form of discrimination with respect to
the nationality of children (article 9 (2)).
The Government of the Kingdom of Spain recalls that, under article 28 (2) of the Convention,
reservations incompatible with the object and purpose of the Convention are not permitted.
Accordingly, the Government of the Kingdom of Spain objects to the above-mentioned
reservations made by the Democratic People's Republic of Korea to the Convention on
the Elimination of All Forms of Discrimination against Women.
This objection does not prevent the Convention's entry into force between the Kingdom
of Spain and the Democratic People's Republic of Korea.
Bezwaar Zweden, 25-07-2001
The Government of Sweden has examined the reservation made by the Democratic People's
Republic of Korea at the time of its accession to the Convention on the Elimination
of All Forms of Discrimination against Women, regarding articles 2 (f) and 9 (2) of
the Convention.
The reservation in question, if put into practice, would inevitably result in discrimination
against women on the basis of sex, which is contrary to the object and purpose of
the Convention. It should be borne in mind that the principles of the equal rights
of men and women and of non-discrimination on the basis of sex are set forth in the
Charter of the United Nations as one of the purposes of the organisation, as well
as in the Universal Declaration of Human Rights of 1948.
According to Article 28 (2) of the Convention, reservations incompatible with the
object and purpose of the Convention shall not be permitted. It is in the common interest
of States that treaties to which they have chosen to become parties are respected
as to their object and purpose, by all parties, and that States are prepared to undertake
any legislative changes necessary to comply with their obligations under the treaties.
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 Sweden therefore objects to the aforesaid reservation made by the
Government of the Democratic People's Republic of Korea to the Convention on the Elimination
of All Forms of Discrimination against Women and considers the reservation null and
void. The Convention enters into force in its entirety between the two States, without
the Democratic People's Republic of Korea benefiting from its reservation.
Bezwaar Oostenrijk, 21-08-2001
Austria has examined the reservations to the Convention on the Elimination of All
Forms of Discrimination against Women made by the Government of the Democratic People's
Republic of Korea in its note to the Secretary General of 27 February 2001.
Taking into consideration that according to Paragraph 2 of Article 28 of the Convention,
reservations which are incompatible with the objective and purpose of the Convention
are not acceptable, Austria objects to the reservations in respect of Paragraph f
of Article 2 and Paragraph 2 of Article 9.
Both Paragraphs refer to basic aspects of the Convention, that are legislation to
abolish existing discrimination against women and a specific form of discrimination,
such as the nationality of children.
This position, however, does not preclude the entry into force in its entirety of
the Convention between the Democratic People's Republic of Korea and Austria.
Bezwaar Nederlanden, het Koninkrijk der, 18-09-2001
The Government of the Kingdom of the Netherlands has examined the reservations made
by the Government of the Democratic People's Republic of Korea regarding article 2,
paragraph (f), and article 9, paragraph 2, of the Convention on the Elimination of
All Forms of Discrimination against Women made at the time of its accession to the
said Convention.
The Government of the Kingdom of the Netherlands considers that the reservations made
by the Democratic People's Republic of Korea regarding article 2, paragraph (f), and
article 9, paragraph 2, of the Convention are reservations incompatible with the object
and purpose of the Convention. The Government of the Kingdom of the Netherlands recalls
that, according to paragraph 2 of Article 28 of the Convention, a reservation incompatible
with the object and purpose of the Convention shall not be permitted.
It is in the common interest of States that treaties to which they have chosen to
become party are respected, as to their object and purpose, by all parties and that
States are prepared to take all appropriate measures, including legislation to comply
with their obligations.
The Kingdom of the Netherlands therefore objects to the afore-said reservations made
by the Government of the Democratic People's Republic of Korea to the Convention on
the Elimination of All Forms of Discrimination against Women.
This objection shall not preclude the entry into force of the Convention between the
Kingdom of the Netherlands and the Democratic People's Republic of Korea.
Bezwaar Duitsland, 02-10-2001
The Government of the Federal Republic of Germany has examined the reservations to
the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW)
made by the Government of the Democratic People's Republic of Korea upon its accession
to the Convention. The Government of the Federal Republic of Germany is of the view
that the reservations to article 2 paragraph (f) and article 9 paragraph 2 of CEDAW
are incompatible with the object and purpose of the Convention, for they aim at excluding
the Democratic People's Republic of Korea's obligations in respect of two basic aspects
of the Convention.
The Government of the Federal Republic of Germany therefore objects to the aforesaid
reservations made by the Government of the Democratic People's Republic of Korea to
the Convention on all Forms of Discrimination against Women.
This objection does not preclude the entry into force of the Convention between the
Federal Republic of Germany and the Democratic People's Republic of Korea.
Bezwaar Noorwegen, 20-02-2002
The Government of Norway has examined the contents of the reservation made by the
Government of the Democratic People's Republic of Korea upon accession to the Convention
on the Elimination of all forms of Discrimination against Women.
Article 2 is the Convention's core provision outlining the measures that the State
Party is required to take in order to ensure the effective implementation of the Convention.
Without adopting measures to modify or abolish existing discriminatory laws, regulations,
customs and practices as prescribed by paragraph (f) of Article 2, none of the Convention's
substantive provisions can be successfully implemented. The reservation to paragraph
(f) of Article 2 is thus incompatible with the object and purpose of the Convention.
Further, as Article 9, paragraph 2 aims at eliminating discrimination against women,
the reservation to this provision is incompatible with the object and purpose of the
Convention.
The Government of Norway therefore objects to the parts of the reservation that concern
paragraph (f) of Article 2 and paragraph 2 of Article 9, as they are impermissible
according to Article 28, paragraph 2 of the Convention.
This objection does not preclude the entry into force in its entirety of the Convention
between the Kingdom of Norway and the Democratic People's Republic of Korea. The Convention
thus becomes operative between the Kingdom of Norway and the Democratic People's Republic
of Korea without the Democratic People's Republic of Korea benefiting from the said
parts of the reservation.
Bezwaar Denemarken, 21-02-2002
The Government of Denmark has examined the reservations made by the Democratic People's
Republic of Korea upon accession to the Convention on [the] Elimination of All Forms
of Discrimination Against Women in respect of paragraph (f) of article 2 and paragraph
2 of article 9.
The Government of Denmark finds that the reservation to paragraph (f) of article 2
aims at excluding the Democratic People's Republic of Korea from the obligation to
adopt necessary measures, including those of a legislative character, to eliminate
any form of discrimination against women. This provision touches upon a key element
for effective elimination of discrimination against women.
The Government of Denmark furthermore notes that the reservation to paragraph 2 of
article 9 of the Convention aims to exclude an obligation of non-discrimination, which
is the aim of the Convention.
The Government of Denmark finds that the reservations made by the Democratic People's
Republic of Korea are not in conformity with the object and purpose of the Convention.
The Government of Denmark therefore objects to the said reservation made by the Democratic
People's Republic of Korea.
The Government of Denmark recommends the Government of [the] Democratic People's Republic
of Korea to reconsider its reservations to the Convention.
The Convention on [the] Elimination of All Forms of Discrimination Against Women remains
in force in its entirety between the Democratic People's Republic of Korea and Denmark.
Bezwaar Frankrijk, 04-03-2002
Having considered the reservations and declarations made on 27 February 2001 by the Democratic People's Republic of Korea to the Convention on the Elimination of All Forms of Discrimination against Women of 18 December 1979, the Government of the French Republic objects to the said reservations and declarations relating to article 2, paragraph (f) and article 9, paragraph 2.
Bezwaar Portugal, 04-03-2002
The Government of the Portuguese Republic has examined the reservation made by the
Government of the Democratic People's Republic of Korea to the Convention on the Elimination
of All Forms of Discrimination against Women (New York, 18 December 1979) on 27 February
2001 in respect of articles 2 (f) and 9.2 of the Convention.
Recalling that, according tp paragraph 2 of Article 28 of the Convention a reservation
incompatible with the object and purpose of the Convention shall not be permitted,
the Government of the Portuguese Republic objects to the said reservations.
In fact, the reservation relating to article 2 (f) refers to a basic aspect of the
Convention, namely the compromise to enact legislation to abolish all existing legal
practices discriminating against women.
Regarding the reservation to article 9.2, the Government of the Portuguese Republic
is of the view that the said reservation intends to exclude one of the specific obligations
of non-discrimination, which is the essence of the Convention.
It is in the common interests of States that Treaties to which they have chosen to
become party are respected by all parties and that the States are prepared to take
all appropriate measures, including legislation to comply with their obligations.
Therefore, the Government of the Portuguese Republic objects to the afore mentioned
reservations made by the Government of the Democratic People's Republic of Korea to
the Convention on the Elimination of All Forms of Discrimination against Women.
This objection shall not preclude the entry into force of the Convention between the
Portuguese Republic and the Democratic People's Republic of Korea.
Bezwaar Finland, 05-03-2002
The Government of Finland has carefully examined the contents of the reservations
made by the Government of the Democratic People's Republic of Korea to the Convention
on the Elimination of all Forms of Discrimination Against Women.
The Government of Finland recalls that by acceding to the Convention, a State commit
itself to adopt the measures required for the elimination of discrimination, in all
its forms and manifestations, against women.
The Government of Finland notes that the reservation to paragraph (f) of Article 2
aims at excluding the Democratic People's Republic of Korea from the obligations to
adopt necessary measures, including those of a legislative character, to eliminate
any form of discrimination against women. This provision touches upon a key element
for effective elimination of discrimination against women.
The Government of Finland further notes that the reservation to paragraph 2 of Article
9 of the Convention aims to exclude an obligation of non-discrimination, which is
the aim of the Convention.
The Government of Finland also recalls Part VI, Article 28 of the Convention according
to which reservations incompatible with the object and purpose of the Convention are
not permitted.
The Government of Finland finds that the reservations made by the Democratic People's
Republic of Korea are not in conformity with the object and purpose of the Convention
and therefore objects to the said reservations.
This objection does not preclude the entry into force of the Convention between the
People's Democratic Republic of Korea and Finland. The Convention will thus become
operative between the two States with the People's Democratic Republic of Korea benefiting
from the reservations.
Bezwaar Verenigd Koninkrijk, 05-03-2002
The Government of the United Kingdom has examined the reservation made by the Government
of the Democratic People's Republic of Korea on 27 February in respect of the Convention,
which reads as follows:
The Government of the Democratic People's Republic of Korea does not consider itself
bound by the provisions of paragraph (f) of Article 2 [...] of the Convention on the
Elimination of All Forms of Discrimination Against Women.
Paragraph (f) of Article 2 requires States Parties to take all appropriate measures,
including legislation, to modify or abolish existing laws, regulations, customs and
practices which constitute discrimination against women. The Government of the United
Kingdom notes that a reservation which excludes obligations of such a general nature
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 Government
of the United Kingdom therefore objects to the reservation made by the Government
of the Democratic People's Republic of Korea.
This objection shall not preclude the entry into force of the Convention between the
United Kingdom of Great Britain and Northern Ireland and the Democratic People's Republic
of Korea.
Bezwaar Ierland, 02-04-2002
The Government of Ireland has examined the reservations made by the Government of
the Democratic People's Republic of Korea to paragraph (f) of article 2 of article
9 of the Convention on the Elimination of All Forms of Discrimination against Women,
at the time of its accession thereto.
The Government of Ireland recalls that by acceding to the Convention, a State commits
itself to adopt the measures required for the elimination of discrimination, in all
its forms and manifestations, against women.
The Government of Ireland notes that the reservation to paragraph (f) of article 2
aims at excluding the Democratic People's Republic of Korea from the obligation to
adopt necessary measures, including those of a legislative character, to eliminate
any form of discrimination against women. This provision touches upon a key element
for the effective elimination of discrimination against women.
The Government of Ireland further notes that the reservation to paragraph 2 of article
9 of the Convention aims to exclude an obligation of non-discrimination, which is
the object of the Convention.
The Government of Ireland considers that the obligations contained in paragraph (f)
of article 2 and paragraph 2 of article 9 are so central to the aims of the Convention
as to render the aforesaid reservations contrary to its object and purpose.
The Government of Ireland recalls that. In accordance with paragraph 2 of article
28 of the Convention, a reservation incompatible with the object and purpose of the
Convention shall not be permitted.
The Government of Ireland therefore objects to the aforesaid reservations made by
the Government of the Democratic People's Republic of Korea to the Convention on the
Elimination of All Forms of Discrimination against Women.
This objection does not preclude the entry into force of the Convention between Ireland
and the Democratic People's Republic of Korea.
23-11-2015
Withdrawal of reservations to paragraph (f) of article 2 and paragraph 2 of article 9.
Oman
07-02-2006
1. All provisions of the Convention not in accordance with the provisions of the Islamic
sharia and legislation in force in the Sultanate of Oman;
2. Article 9, paragraph 2, which provides that States Parties shall grant women equal
rights with men with respect to the nationality of their children;
3. Article 15, paragraph 4, which provides that States Parties shall accord to men
and women the same rights with regard to the law relating to the movement of persons
and the freedom to choose their residence and domicile;
4. Article 16, regarding the equality of men and women, and in particular subparagraphs
(a), (c), and (f) (regarding adoption).
5. The Sultanate is not bound by article 29, paragraph 1, regarding arbitration and
the referral to the International Court of Justice of any dispute between two or more
States which is not settled by negotiation.
Bezwaar Nederlanden, het Koninkrijk der, 19-07-2006
The Government of the Netherlands has examined the reservation made by Oman to the
Convention on the Elimination of All Forms of Discrimination against Women. The Government
of the Kingdom of the Netherlands considers that the reservations with respect to
article 9, paragraph 2; article 15, paragraph 4; and article 16, of the Convention
are reservations incompatible with the object and purpose of the Convention.
Furthermore, the Government of the Kingdom of the Netherlands considers that with
the first part of the reservation the application of the Convention on the Elimination
of All Forms of Discrimination against Women is made subject to the provisions of
the Islamic sharia and legislation in force in the Sultanate of Oman. This makes it
unclear to what extent Oman considers itself bound by the obligations of the treaty
and therefore raises concerns as to the commitment of Oman to the object and purpose
of the Convention.
The Government of the Kingdom of the Netherlands recalls that, according to paragraph
2 of article 28 of the Convention, a reservation incompatible with the object and
purpose of the Convention shall not be permitted.
It is in the common interest of States that treaties to which they have chosen to
become party are respected, as to their object and purpose, by all parties and that
States are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties.
The Government of the Kingdom of the Netherlands therefore objects to the aforesaid
reservations made by the Government of Oman to the Convention on the Elimination of
All Forms of Discrimination against Women.
This objection shall not preclude the entry into force of the Convention between the
Kingdom of the Netherlands and Oman.
Bezwaar Duitsland, 28-08-2006
The Government of the Federal Republic of Germany has carefully examined the reservations
made by the Sultanate of Oman on 7 February 2006 upon accession to the Convention
on the Elimination of All Forms of Discrimination Against Women of 18 December 1979.
The reservations state the Sultanate of Oman does not consider itself bound by provisions
of the Convention that are not in accordance with the provisions of the Islamic Sharia
and legislation in force in the Sultanate of Oman, and also state that it is not bound
by Article 9 (2), Article 15 (4) and Article 16, subparagraphs (a), (c) and (f) of
the Convention.
The Government of the Federal Republic of Germany is of the opinion that by giving
precedence to the principles of the Sharia and its own national law over the application
of the provisions of the Convention, the Sultanate of Oman 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. Furthermore,
the reservations to Article 9 (2), Article 15 (4) and Article 16 will unavoidably
result in a legal situation that discriminates against women, which is incompatible
with the object and purpose of the Convention.
Pursuant to Article 28 (2) of the Convention, reservations that are incompatible with
the object and purpose of the Convention shall not be permitted.
The Government of the Federal Republic of Germany therefore objects to the above-mentioned
reservations. This objection shall not preclude the entry into force of the Convention
between the Federal Republic of Germany and the Sultanate of Oman.
Bezwaar Denemarken, 06-10-2006
The Government of Denmark has examined the reservations made by the Sultanate of Oman
upon accession to the Convention on the Elimination of all Forms of Discrimination
Against Women regarding article 9 (2), 15 (4), 16 (a, c, f), and all provisions of
the Convention not in accordance with the principles of the Islamic Sharia.
The Government of Denmark finds that the general reservation with reference to the
provisions of the Islamic Sharia is of unlimited scope and undefined character. The
Government of Denmark furthermore notes that the reservations made by the Sultanate
of Oman to article 9 (2), 15 (4), and 16 (a, c, f) would inevitable result in the
discrimination against women on the basis of sex, which is contrary to the object
and purpose of the Convention. Consequently, the Government of Denmark considers the
said reservations to be incompatible with the object and purpose of the Convention
and accordingly inadmissible and without effect under international law.
The Government of Denmark wishes to recall that, according to article 28 (2) of the
Convention, reservations incompatible with the object and purpose of the Convention
shall not be permitted.
The Government of Denmark therefore objects to the aforementioned reservations made
by the Sultanate of Oman to the Convention on the Elimination of all Forms of Discrimination
Against Women. This shall not preclude the entry into force of the Convention in its
entirety between Oman and Denmark.
The Government of Denmark recommends the Sultanate of Oman to reconsider its reservations
to the Convention on the Elimination of all Forms of Discrimination Against Women.
Bezwaar Estland, 04-12-2006
The Government of the Republic of Estonia has carefully examined the reservations
made by the Government of Sultanate of Oman to paragraph 2 of Article 9, paragraph
4 of Article 15, and subparagraphs (a), (c) and (f) of Article 16 of the Convention
on the Elimination of all Forms of Discrimination Against Women.
The reservations to paragraph 2 of Article 9, paragraph 4 of Article 15, and subparagraphs
(a), (c) and (f) of Article 16, if put into practice, would inevitably result in discrimination
against women on the basis of sex, which is contrary to the object and purpose of
the Convention. In particular, Article 16 is one of the core provisions of the Convention
to which reservations are incompatible with the Convention and therefore impermissible.
Furthermore, section one of the reservation makes a general reference to the provisions
of the Islamic sharia and legislation in force in the Sultanate of Oman. The Government
of Estonia is of the view that in the absence of further clarification, this reservation
makes it unclear to what extent the Sultanate of Oman considers itself bound by the
obligations of the Convention and therefore raises concerns as to the commitment of
the Sultanate of Oman to the object and purpose of the Convention.
According to Article 28, paragraph 2 of the Convention, a reservation incompatible
with the object and purpose of the Convention shall not be permitted.
The Government of Estonia therefore objects to the general reservation made in section
one, and reservations to paragraph 2 of Article 9, paragraph 4 of Article 15, and
subparagraphs (a), (c) and (f) of Article 16, made by the Government of the Sultanate
of Oman to the Convention on the Elimination of all Forms of Discrimination Against
Women.
This objection shall not preclude the entry into force of the Convention on the Elimination
of all Forms of Discrimination Against Women as between the Republic of Estonia and
the Sultanate of Oman.
Bezwaar Letland, 06-12-2006
The Government of the Republic of Latvia has carefully examined the reservations made
by the Sultanate of Oman to the Convention on the Elimination of All Forms of Discrimination
against Women upon accession to the Convention regarding Article 9 paragraph 2, article
15 paragraph 4 and article 16.
The Government of the Republic of Latvia considers that the aim of the said Convention
is to grant the equality between men and women and therefore the distinction between
genders regarding the rights to determinate the nationality of children is not in
accordance with the aim of the said convention.
Moreover, the rights to determine its own domicile, is a part of the free movement
of person, is very important part of human rights and, thus no limitations may be
permitted to the said right.
The Government of the Republic of Latvia is of the opinion that the equality between
spouses is a very important issue and, therefore, no exemption regarding the said
rights is acceptable.
Moreover, the Government of the Republic of Latvia is of the opinion that these reservations
made by the Sultanate of Oman contradict to the object and purpose of the Convention
and in particular to the obligation of all States Parties to pursue by all appropriate
means and without delay a policy of eliminating the discrimination against women.
The Government of the Republic of Latvia recalls Part VI, Article 28 of the Convention
setting out that reservations incompatible with the object and purpose of the Convention
are not permitted.
The Government of the Republic of Latvia, therefore, objects to the aforesaid reservations
made by the Sultanate of Oman to the Convention on the Elimination of All Forms of
Discrimination against Women.
However, this objection shall not preclude the entry into force of the Convention
between the Republic of Latvia and the Sultanate of Oman. Thus, the Convention will
become operative without the Sultanate of Oman benefiting from its reservation.
Bezwaar Ierland, 19-12-2006
The Government of Ireland has examined the reservation made on 7 February 2006 by
the Sultanate of Oman to the Convention on the Elimination of All Forms of Discrimination
against Women at the time of its accession thereto.
The Government of Ireland notes that the Sultanate of Oman subjects application of
the Convention on the Elimination of All Forms of Discrimination against Women to
the provisions of Islamic sharia and legislation in force in the Sultanate. The Government
of Ireland is of the view that a reservation which consists of a general reference
to religious law and to the Constitution of the reserving State and which does not
clearly specify the provisions of the Convention to which it applies and the extent
of the derogation therefrom, may cast doubts on the commitment of the reserving state
to fulfil its obligations under the Convention. The Government of Ireland is furthermore
of the view that such a general reservation may undermine the basis of international
treaty law and is incompatible with the object and purpose of the Convention. The
Government of Ireland recalls that according to Article 28, paragraph 2 of the Convention,
a reservation incompatible with the object and purpose of the Convention shall not
be permitted.
The Government of Ireland further considers that the reservations made with respect
to Article 9, paragraph 2, Article 15, paragraph 4 and Article 16 of the Convention
are incompatible with the object and purpose of the Convention.
The Government of Ireland therefore objects to the aforesaid reservations made by
the Sultanate of Oman to the Convention on the Elimination of All Forms of Discrimination
against Women.
This objection shall not preclude the entry into force of the Convention between Ireland
and the Sultanate of Oman.
Bezwaar Oostenrijk, 05-01-2007
The Government of Austria has examined the reservations made by the Government of
the Sultanate of Oman upon accession to the Convention on the Elimination of All Forms
of Discrimination against Women.
The Government of Austria finds that the reservations to article 9, paragraph 2, article
15, paragraph 4, and article 16 would inevitably result in discrimination against
women on the basis of sex. This is contrary to the object and purpose of the Convention.
The Government of Austria further considers that, in the absence of further clarification,
the reservation to "all provisions of the Convention not in accordance with the provisions
of the Islamic sharia and legislation in force in the Sultanate of Oman" does not
clearly specify its extent and therefore raises doubts as to the degree of commitment
assumed by the Sultanate of Oman in becoming a party to the Convention.
The Government of Austria would like to recall that, according to article 28, paragraph
2 of the Convention as well as customary international law as codified in the Vienna
Convention on the Law of Treaties (Art. 19 sub-paragraph c), a reservation incompatible
with the object and purpose of a treaty shall not be permitted.
It is in the common interest of States that treaties to which they have chosen to
become parties are requested as to their object and purpose, by all parties, and that
States are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties.
For these reasons, the Government of Austria objects to the aforementioned reservations
made by the Sultanate of Oman to the Convention on the Elimination of All Forms of
Discrimination against Women.
This position however does not preclude the entry into force in its entirety of the
Convention between the Sultanate of Oman and Austria.
Bezwaar Tsjechië, 12-01-2007
The Government of the Czech Republic has examined the reservations made by the Sultanate
of Oman upon accession to the Convention on the Elimination of All Forms of Discrimination
against Women.
The Government of the Czech Republic is of the view that the reservations made to
Article 9 paragraph 2, Article 15, paragraph 4 and Article 16, if put into practice,
would inevitably result in discrimination against women on the basis of sex, which
is contrary to the object and purpose of the Convention. Furthermore, the Government
of the Czech Republic notes that the reservation regarding all provisions of the Convention
not in accordance with the provisions of the Islamic sharia and legislation in force
in the Sultanate of Oman does not clearly define for the other States Parties to the
Convention the extent to which the Sultanate of Oman has accepted the obligations
of the Convention and therefore raises concerns as to its commitment to the object
and purpose of the Convention.
It is in the common interest of States that treaties to which they have chosen to
become parties are respected as to their object and purpose, by all parties, and that
States are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties. According to Article 28, paragraph 2 of the
Convention and according to customary international law as codified in the Vienna
Convention on the Law of Treaties, a reservation that is incompatible with the object
and purpose of a treaty shall not be permitted.
The Government of the Czech Republic therefore objects to the aforesaid reservations
made by the Government of the Sultanate of Oman to the Convention. This objection
shall not preclude the entry into force of the Convention between the Czech Republic
and the Sultanate of Oman. The Convention enters into force in its entirety between
the Czech Republic and the Sultanate of Oman, without the Sultanate of Oman benefiting
from its reservation.
Bezwaar Griekenland, 29-01-2007
The Government of the Hellenic Republic have examined the reservations formulated
by the Sultanate of Oman upon accession to the Convention on the Elimination of All
Forms of Discrimination against Women of 18 December 1979.
The Government of the Hellenic Republic consider that the reservation to "all provisions
of the Convention not in accordance with the provisions of the Islamic sharia and
legislation in force in the Sultanate of Oman" is of unlimited scope and undefined
character, while, furthermore, subjects the application of the Convention to the domestic
law of the Sultanate of Oman. It is, therefore, incompatible with the object and purpose
of the Convention.
Moreover, the Government of the Hellenic Republic consider that the reservations to
articles 9 par. 2, 15 par. 4 and 16 do not specify the extent of the derogation therefrom
and, therefore, are incompatible with the object and purpose of the Convention.
The Government of the Hellenic Republic recall that, according to Article 28 paragraph
2 of the Convention, a reservation incompatible with the object and purpose of the
Convention shall not be permitted.
For these reasons, the Government of the Hellenic Republic object to the abovementioned
reservations formulated by the Sultanate of Oman.
This objection shall not preclude the entry into force of the Convention between Greece
and the Sultanate of Oman.
Bezwaar Portugal, 30-01-2007
[...] the Government of the Portuguese Republic has be carefully examined the reservations
made by the Sultanate of Oman upon its accession to the Convention on the Elimination
of All Forms of Discrimination Against Women (CEDAW).
The first reservation concerns "all provisions of the Convention not in accordance
with the provisions of the Islamic sharia and legislation in force in the Sultanate
of Oman". Portugal considers that this reservation is too general and vague and seeks
to limit the scope of the Convention on an unilateral basis that is not authorised
by it. Moreover, this reservation creates doubts as to the commitment of the reserving
State to the object and purpose of the Convention and, moreover, contributes to undermining
the basis of international law. It is in the common interest of all States that treaties
to which they have chosen to become parties are respected as to their object and purpose
by all parties and that States are prepared to undertake any legislative changes necessary
to comply with their obligations under the treaties.
The second, third and fourth reservations concern fundamental provisions of the Convention,
such as articles 9 (2), 15 (4) and 16, that cover the fundamental rights of women
and deal with the key elements for the elimination of discrimination against women
on the basis of sex. These reservations are thus incompatible with the object and
purpose of the Convention and are not permitted under article 28 (2) of the CEDAW.
The Government of the Portuguese Republic, therefore, objects to the above mentioned
reservations made by the Sultanate of Oman to the CEDAW.
This objection shall not preclude the entry into force of the Convention between Portugal
and Oman.
Bezwaar Zweden, 06-02-2007
The Government of Sweden has examined the reservations made by the Sultanate of Oman
on 7 February 2006 to the Convention on the Elimination of All Forms of Discrimination
against Women.
The Government of Sweden notes that the Sultanate of Oman gives precedence to the
provisions of Islamic Sharia and national legislation over the application of the
provisions of the Convention. The Government of Sweden is of the view that this reservation
which does not clearly specify the extent of the Sultanate of Oman's derogation from
the provisions in question raises serious doubt as to the commitment of the Sultanate
of Oman to the object and purpose of the Convention.
Furthermore, the Government of Sweden considers that, regarding the reservations made
with respect to articles 9 (2), 15 (4), 16 (a, c, f), if put into practice, would
inevitably result in discrimination against women on the basis of sex, which is contrary
to the object and purpose of the Convention. It should be borne in mind that the principles
of the equal rights of women and men and of non-discrimination on the basis of sex
are set forth in the Charter of the United Nations as one of the purposes of the organization,
as well as the declaration of Human Rights of 1948.
According to article 28 (2) of the Convention and to international customary law,
as codified in the Vienna Convention on the Law of Treaties, reservations incompatible
with the object and purpose of the Convention shall not be permitted. It is in the
common interest of States that treaties to which they have chosen to become parties,
are respected as to their object and purpose by all parties, and that States are prepared
to undertake any legislative changes necessary to comply with their obligations under
the treaties.
The Government of Sweden therefore objects to the aforesaid reservations made by the
Sultanate of Oman to the Convention on the Elimination of All Forms of Discrimination
against Women and considers them null and void.
This objection shall not preclude the entry into force of the Convention between the
Sultanate of Oman and Sweden. The Convention enters into force in its entirety between
the two States, without the Sultanate of Oman benefiting from its reservations.
Bezwaar Hongarije, 07-02-2007
The Government of the Republic of Hungary has examined the reservations made by the
Sultanate of Oman on 7 February 2006 upon accession to the Convention on the Elimination
of All Forms of Discrimination against Women of 18 December 1979. The reservations
state the Sultanate of Oman does not consider itself bound by the provisions of the
Convention that are not in accordance with the provisions of the Islamic Sharia and
legislation in force in the Sultanate of Oman, and also state that it is not bound
by Article 9 (2), Article 15 (4) and Article 16, subparagraphs (a), (c) and (f) of
the Convention.
The Government of the Republic of Hungary is of the opinion that by giving precedence
to the principles of the Sharia and its own national law over the application of the
provisions of the Convention, the Sultanate of Oman 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. Furthermore,
the reservations to Article 9 (2), Article 15 (4) and Article 16 will unavoidably
result in a legal situation that discriminates against women, which is incompatible
with the object and purpose of the Convention.
Pursuant to Article 28 (2) of the Convention, reservations that are incompatible with
the object and purpose of the Convention shall not be permitted.
The Government of the Republic of Hungary therefore objects to the above-mentioned
reservations. This objection shall not preclude the entry into force of the Convention
between the Republic of Hungary and the Sultanate of Oman.
Bezwaar Roemenië, 08-02-2007
The Government of Romania has carefully considered the reservations made by the Sultanate
of Oman on 7 February 2006 upon accession to the Convention on the Elimination of
all Forms of Discrimination against Women (New York, 18 December 1979) and regards
the reservations made to Article 9 para. 2, Article 15 para.4 and Article 16, sub-paragraphs
a), c) and f) (concerning adoptions), as incompatible with the object and purpose
of the Convention, as, by their formulation, various forms of discrimination against
women are maintained and, implicitly, the inequality of rights between men and women
is perpetuated.
Furthermore, the Government of Romania is of the opinion that the general reservation
made by the Sultanate of Oman subjects the application of the provisions of the Convention
to their compatibility with the Islamic law and the national legislation in force
in the Sultanate of Oman. This reservation is, thus, problematic as it raises questions
with regard to the actual obligations the Sultanate of Oman understood to undertake
by acceding to the Convention, and with regard to its commitment to the object and
purpose of the Convention.
The Government of Romania recalls that, pursuant to Article 28 para. 2 of the Convention,
a reservation incompatible with the object and purpose of the Convention shall not
be permitted.
Consequently, the Government of Romania objects to the aforementioned reservations
made by the Sultanate of Oman to the Convention on the Elimination of all Forms of
Discrimination against Women. This objection shall not preclude the entry into force
of the Convention, in its entirety, between Romania and the Sultanate of Oman.
The Government of Romania recommends to the Sultanate of Oman to reconsider the reservations
made to the Convention on the Elimination of all Forms of Discrimination against Women.
Bezwaar Frankrijk, 13-02-2007
The Government of the French Republic has considered the reservations made by the Sultanate of Oman upon accession to the Convention on the Elimination of All Forms of Discrimination against Women of 18 December 1979, according to which the Sultanate of Oman does not consider itself bound by 'any provisions of the Convention which are incompatible with Islamic Sharia or with the laws in force in the Sultanate of Oman', or by the provisions of article 9, paragraph 2, article 15, paragraph 4 and article 16, in particular paragraph 1 (a), (c) and (f). The Government of the French Republic considers that, by ruling out the application of the Convention or subordinating it to Sharia principles and the laws in force, the Sultanate of Oman is making a reservation of a general and indeterminate nature, thereby depriving the provisions of the Convention of any effect. The Government of the French Republic considers this reservation to be contrary to the object and purpose of the Convention and therefore wishes to register an objection thereto. The Government of the French Republic also objects to the reservations made to article 9, paragraph 2, article 15, paragraph 4 and article 16, in particular paragraph 1 (a), (c) and (f). These objections shall not prevent the entry into force of the Convention between France and the Sultanate of Oman.
Bezwaar Spanje, 23-02-2007
The Government of the Kingdom of Spain has examined the reservations made by the Sultanate
of Oman upon accession to the Convention on the Elimination of All Forms of Discrimination
against Women regarding all the provisions of the Convention which are incompatible
with Islamic law and with the legislation in force in Oman and to articles 9 (2),
15 (4) and 16 of the Convention.
The Government of the Kingdom of Spain considers that the first part of the reservation
which subordinates all the provisions of the Convention to conform to Islamic law
and the legislation in force in Oman, to which it makes general reference, without
specifying its content, does not permit clear determination as to the extent to which
Oman has accepted the obligations derived under the Convention and, consequently,
such reservation sheds doubt as to the extent to which the Sultanate of Oman is committed
to the object and purpose of the Convention.
Furthermore, the reservations to articles 9 (2), 15 (4) and 16 are incompatible with
the object and purpose of the Convention, which aim at exempting Oman from its commitment
essential obligations of the Convention.
The Government of the Kingdom of Spain recalls that according to article 28 (2) of
the Convention, reservations that are incompatible with the object and purpose of
the Convention shall not be permitted.
Therefore, the Government of the Kingdom of Spain objects to the reservations made
by the Sultanate of Oman to all the provisions of the Convention on the Elimination
of All Forms of Discrimination against Women which are incompatible with Islamic law
and with the legislation in force in Oman and to articles 9 (2), 15 (4) and 16 of
the Convention.
This objection shall not preclude the entry into force of the Convention between the
Kingdom of Spain and the Sultana of Oman.
Bezwaar Finland, 27-02-2007
The Government of Finland has carefully examined the contents of the general reservation
made by the Government of Oman to all provisions of the Convention on the Elimination
of All Forms of Discrimination against Women and the specific reservations concerning
paragraph 2 of Article 9, paragraph 4 of Article 15 and paragraphs 1 (a), 1 (c) and
1 (f) of Article 16 of the Convention.
The Government of Finland recalls that by acceding to the Convention, a State commits
itself to adopt the measures required for the elimination of discrimination, in all
its forms and manifestations, against women.
The Government of Finland notes that a reservation which consists of a general reference
to religious or other national law without specifying its contents does not clearly
define to other Parties to the Convention the extent to which the reserving State
commits itself to the Convention and creates serious doubts as to the commitment of
the receiving State to fulfil its obligations under the Convention. Such reservations
are, furthermore, 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.
The Government of Finland also notes that the specific reservations made by Oman,
addressing some of the most essential provisions of the Convention, and aiming to
exclude the obligations under those provisions, are in contradiction with the object
and purpose of the Convention.
The Government of Finland also recalls Part VI, Article 28 of the Convention, according
to which reservations incompatible with the object and purpose of the Convention are
not permitted.
The Government of Finland therefore objects to the above-mentioned reservations made
by the Government of Oman to the Convention. This objection does not preclude the
entry into force of the Convention between Oman and Finland. The Convention will thus
become operative between the two States without Oman benefiting from its reservations.
Bezwaar Slowakije, 27-02-2007
The Government of Slovakia has carefully examined the reservation made by the Sultanate
of Oman upon its accession to the Convention on the Elimination of All Forms of Discrimination
Against Women (CEDA W).
The Government of Slovakia is of the view that the general reservation made by the
Sultanate of Oman that "all provisions of the Convention not in accordance with the
provisions of the Islamic sharia and legislation in force in the Sultanate of Oman"
is too general and does not clearly specify the extent of the obligation (mentioned
in the Convention) for the Sultanate of Oman.
The Government of Slovakia finds the reservation to article 9 (2), article 15 (4)
and article 16 incompatible with the object and purpose of the Convention and is therefore
inadmissible under article 19 (c) of the Vienna Convention on the Law of Treaties.
Therefore it shall not be permitted, in accordance with article 2[8], paragraph 2
of the Convention on the Elimination of All Forms of Discrimination Against Women.
For these reasons, the Government of Slovakia objects to the above mentioned reservation
made by the Sultanate of Oman upon its accession to the Convention on the Elimination
of All Forms of Discrimination Against Women.
This objection shall not preclude the entry into force of the Convention on the Elimination
of All Forms of Discrimination Against Women between Slovakia and the Sultanate of
Oman. The Convention enters into force in its entirety between Slovakia and the Sultanate
of Oman, without the Sultanate of Oman benefitting from its reservation.
Bezwaar Verenigd Koninkrijk, 28-02-2007
The Government of the United Kingdom have examined the reservations made by the Government
of the Sultanate of Oman to the Convention on the Elimination of all Forms of Discrimination
Against Women (New York, 18 December 1979).
In the view of the Government of the United Kingdom a reservation should clearly define
for the other States Parties to the Convention the extent to which the reserving State
has accepted the obligations of the Convention. A reservation which consists of a
general reference to a system of law without specifying its contents does not do so.
The Government of the United Kingdom therefore object to the Sultanate of Oman's reservation
from "all provisions of the Convention not in accordance with the provisions of the
Islamic Sharia and legislation in force in the Sultanate of Oman".
The Government of the United Kingdom further object to the Sultanate of Oman's reservations
from Article 15, paragraph 4 and Article 16 of the Convention.
These objections shall not preclude the entry into force of the Convention between
the United Kingdom of Great Britain and Northern Ireland and Oman.
Bezwaar Polen, 01-03-2007
The Government of the Republic of Poland has examined the reservations made by the
Sultanate of Oman upon accession to the Convention on the Elimination of All Forms
of Discrimination against Women, adopted by General Assembly of the United Nations
on December 18, 1979, regarding articles 9 paragraph 2, 15 paragraph 4, 16 (a), (c)
and (f) and all provisions of the Convention not in accordance with the principles
of the Islamic Sharia.
The Government of the Republic of Poland considers that the reservations made by the
Sultanate of Oman are incompatible with the object and purpose of the Convention which
guarantees equal rights of women and men to exercise their economic, social, cultural,
civil, and political rights. The Government of the Republic of Poland therefore considers
that, according to article 19 (c) of the Vienna Convention on the Law of Treaties,
done at Vienna on 23 May 1969, as well as article 28 (2) of the Convention on the
Elimination of All Form of Discrimination against Women, reservations incompatible
with the object and purpose of a treaty shall not be permitted.
Moreover, the Government of the Republic of Poland considers that by making a general
reference to the Islamic Sharia without indicating the provisions of the Convention
to which the Islamic Sharia applies, the Sultanate of Oman does not specify the exact
extent of the introduced limitations and thus does not define precisely enough the
extent to which the Sultanate of Oman has accepted the obligations under the Convention.
The Government of the Republic of Poland therefore objects to the aforementioned reservations
made by the Sultanate of Oman upon accession to the Convention on the Elimination
of All Forms of Discrimination against Women, adopted by General Assembly of the United
Nations on 18 December 1979, regarding articles 9 paragraph 2, 15 paragraph 4, 16
(a), (c) and (f) and all provisions of the Convention not in accordance with the principles
of the Islamic Sharia.
This objection does not preclude the entry into force of the Convention between the
Republic of Poland and Sultanate of Oman.
Bezwaar België, 30-04-2007
Belgium has carefully examined the reservation formulated by the Sultanate of Oman
when it acceded, on 7 February 2006, to the Convention on the Elimination of All Forms
of Discrimination against Women, adopted in New York on 18 December 1979. Belgium
notes that the reservation formulated with respect to article 9, paragraph 2; article
15, paragraph 4; and article 16 concerns fundamental provisions of the Convention
and is therefore incompatible with the object and purpose of that instrument.
In addition, the first paragraph of the reservation makes the implementation of the
Convention's provisions contingent upon their compatibility with the Islamic sharia
and legislation in force in the Sultanate of Oman. This creates uncertainty as to
which of its obligations under the Convention the
Sultanate of Oman intends to observe and raises doubts as to Oman's respect for the
object and purpose of the Convention.
Belgium recalls that, under article 28, paragraph 2, of the Convention, reservations
incompatible with the object and purpose of the Convention are not permitted. It is
in the common interest for all parties to respect the treaties to which they have
acceded and for States to be willing to enact such legislative amendments as may be
necessary in order to fulfil their treaty obligations. Under 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 is not permitted (article 19 (c)).
In consequence, Belgium objects to the reservation formulated by the Sultanate of
Oman with respect to the Convention on the Elimination of All Forms of Discrimination
against Women. This objection shall not preclude the entry into force of the Convention
between the Kingdom of Belgium and the Sultanate of Oman. The Convention shall enter
into force in its entirety, without Oman benefiting from its reserrvation.
Bezwaar Italië, 09-07-2007
[...], the Government of Italy has carefully examined the reservations made by the
Sultanate of Oman on 7 February 2006 upon accession to the above mentioned Convention.
The reservations state that the Sultanate of Oman does not consider itself bound by
provisions of the Convention that are not in accordance with the provisions of the
Islamic Sharia and legislation in force in the Sultanate of Oman, and also state that
it is not bound by Article 9 (2), Article 15 (4) and Article 16, subparagraphs (a),
(c) and (f) of the Convention.
The Government of Italy is of the opinion that by giving precedence to the principles
of the Sharia and its own national law over the application of the provisions of the
Convention, the Sultanate of Oman 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. Pursuant to Article 28 (2) of the Convention,
reservations that are incompatible with the object and purpose of the Convention shall
not be permitted.
The Government of Italy therefore objects to the above-mentioned reservations. This
objection shall not preclude the entry into force of the Convention between Italy
and the Sultanate of Oman.
06-02-2019
Withdrawal of reservation to article 15 (4).
Oostenrijk
31-03-1982
Austria reserves its right to apply [...] the provision of article 11, as far as [...] special protection of working women is concerned, within the limits established by national legislation.
10-06-2015
Withdrawal of the remaining reservation to Article 11.
Pakistan
12-03-1996
The accession by [the] Government of the Islamic Republic of Pakistan to the [said
Convention] is subject to the provisions of the Constitution of the Islamic Republic
of Pakistan.
The Government of the Islamic Republic of Pakistan declares that it does not consider
itself bound by paragraph 1 of article 29 of the Convention.
Bezwaar Duitsland, 28-05-1997
In respect of the declaration made by Pakistan, the Federal Republic of Germany also holds the view that the reservation made by Pakistan regarding article 7 of the Convention is likewise incompatible with the object and purpose of the Convention because for all matters which concern national security it reserves in a general and thus unspecific manner the right of the Government of Pakistan to apply the provisions only within the limits established by national laws, regulations and practices.
Bezwaar Nederlanden, het Koninkrijk der, 30-05-1997
The Government of the Kingdom of the Netherlands considers [...] that such reservations,
which seeks to limit the responsibilities of the reserving State under the Convention
by invoking the general principles of national law and the Constitution, may raise
doubts as to the commitment of this 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 should be respected, as to object and purpose, by all parties.
The Government of the Kingdom of the Netherlands therefore objects to the above-mentioned
reservations. This objection shall not preclude the entry into force of the Convention
between the Kingdom of the Netherlands and Pakistan.
Bezwaar Oostenrijk, 05-06-1997
Austria is of the view that a reservation by which a State limits its responsibilities
under the Convention in a general and unspecified manner by invoking internal law
creates doubts as to the commitment of the Islamic Republic of Pakistan with its obligations
under the Convention, essential for the fulfillment of its object and purpose.
It is in the common interests of States that treaties to which they have chosen to
become Parties are respected, as to their object and purpose, by all Parties and that
States are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties.
Austria is further of the view that a general reservation of the kind made by the
Government of the Islamic Republic of Pakistan, which does not clearly specify the
provisions of the Convention to which it applies and the extent of the derogation
therefrom, contributes to undermining the basis of international treaty law.
Given the general character of this reservation a final assessment as to its admissibility
under international law cannot be made without further clarification.
According to international law a reservation is inadmissible to the extent as its
application negatively affects the compliance by a State with its obligations under
the Convention essential for the fulfillment of its object and purpose.
Therefore, Austria cannot consider the reservation made by the Government of the Islamic
Republic of Pakistan as admissible unless the Government of the Islamic Republic of
Pakistan, 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 Convention.
This view by Austria would not preclude the entry into force in its entirety of the
Convention between Pakistan and Austria.
Bezwaar Finland, 06-06-1997
The reservations made by Pakistan, consisting of a general reference to religious
and national law without specifying the contents thereof and 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 creates serious doubts about the commitment
of the reserving State to fulfill its obligations under the Convention. Reservations
of such unspecified nature may contribute to undermining the basis of international
human rights treaties.
The Government of Finland also recalls that the reservations of Pakistan are subject
to the general principles 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 the reservations
made by Pakistan are clearly incompatible with the object and purpose of the said
Convention and therefore inadmissible under article 28, 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.
Bezwaar Noorwegen, 06-06-1997
In the view of the Government of Norway, a reservation by which a State party limits
its responsibilities under the Convention by invoking general principles of internal
law may create doubts about the commitments of the reserving State to the object and
purpose of the Convention and, moreover, contribute to undermine 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 their object and purpose, by all
parties. Furthermore, under well established international treaty law, a State is
not permitted to invoke internal law as justification for its failure to perform its
treaty obligations. For these reasons, the Government of Norway objects to the reservations
of Pakistan.
The Government of Norway does not consider this objection to constitute an obstacle
to the entry into force of the above-stated Convention between the Kingdom of Norway
and Pakistan.
Bezwaar Portugal, 23-07-1997
Portugal is of the view that a general declaration of the kind made by Pakistan, constituting
in fact in legal terms a general reservation, and not clearly specifying the provisions
of the Convention to which it applies and the extent of the derogation therefrom,
contributes to undermining the basis of international law.
Furthermore, according to paragraph 2 of article 28 of the Convention, a general reservation
of such a kind is incompatible with the object and purpose of the Convention and shall
not be permitted.
Portugal therefore objects to the aforesaid general reservation which will not preclude
the entry into force of the Convention in its entirety between Pakistan and Portugal.
Bezwaar Zweden, 13-08-1997
The Government of Sweden is of the view that these general reservations raise doubts
as to the commitment of Pakistan to the object and purpose of the Convention and would
recall that, according to article 28, paragraph 2, of the Convention, a reservation
incompatible with the object and purpose of the Convention shall not be permitted.
It is in the common interest of states that treaties to which they have chosen to
become parties are respected, as to their object and purpose, by all parties and that
states are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties.
The Government of Sweden is further of the view that general reservations of the kind
made by the Government of Pakistan, which do not clearly specify the provisions of
the Convention to which they apply and the extent of the derogation therefrom, contribute
to undermining the basis of international treaty law.
The Government of Sweden therefore objects to the aforesaid general reservations made
by the Government of Pakistan to the [said Convention].
This objection does not preclude the entry into force of the Convention between Pakistan
and Sweden. The Convention will thus become operative between the two states without
Pakistan benefiting from these reservations.
It is the opinion of the Government of Sweden, that no time limit applies to objections
against reservations, which are inadmissible under international law.
Bezwaar Denemarken, 23-03-1998
The Government of Denmark finds that the said reservations are covering 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.
The Government of Denmark finds that the reservations are incompatible with the object
and purpose of the Convention and accordingly inadmissible and without effect under
international law. Consequently, the Government of Denmark objects to these reservations.
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 Convention remains in force in its entirety between Pakistan and Denmark.
The Government of Denmark recommends the Government of Pakistan to reconsider its
reservations to the [said] Convention.
Palestina
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.285.2014.TREATIES-IV.8,
dated 22 May 2014, conveying a communication of Canada regarding the accession of
the State of Palestine to the Convention on the Elimination of All Forms of Discrimination
against Women, dated 18 December 1979.
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 United Nations Convention on the Elimination of All Forms
of Discrimination against Women, 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.295.2014.TREATIES-IV.8,
dated 22 May 2014, conveying a communication of Israel regarding the accession of
the State of Palestine to the Convention on the Elimination of All Forms of Discrimination
against Women, dated 18 December 1979.
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 Elimination of All Forms of Discrimination
against Women, 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.
Qatar
29-04-2009
Reservations:
For the reasons explained below, the State of Qatar does not consider itself bound
by the following provisions of the Convention:
1. Article 2 (a) in connection with the rules of the hereditary transmission of authority,
as it is inconsistent with the provisions of article 8 of the Constitution.
2. Article 9, paragraph 2, as it is inconsistent with Qatar's law on citizenship.
3. Article 15, paragraph 1, in connection with matters of inheritance and testimony,
as it is inconsistent with the provisions of Islamic law.
4. Article 15, paragraph 4, as it is inconsistent with the provisions of family law
and established practice.
5. Article 16, paragraph 1 (a) and (c), as they are inconsistent with the provisions
of Islamic law.
6. Article 16, paragraph 1 (f), as it is inconsistent with the provisions of Islamic
law and family law. The State of Qatar declares that all of its relevant national
legislation is conducive to the interest of promoting social solidarity.
Declarations
1. The Government of the State of Qatar accepts the text of article 1 of the Convention
provided that, in accordance with the provisions of Islamic law and Qatari legislation,
the phrase "irrespective of their marital status" is not intended to encourage family
relationships outside legitimate marriage. It reserves the right to implement the
Convention in accordance with this understanding.
2. The State of Qatar declares that the question of the modification of "patterns"
referred to in article 5 (a) must not be understood as encouraging women to abandon
their role as mothers and their role in child-rearing, thereby undermining the structure
of the family.
3. In accordance with article 29, paragraph 2, of the Convention, the State of Qatar
declares, under the terms of that text, that it does not consider itself bound by
paragraph 1 of that article.
Bezwaar Slowakije, 28-07-2009
The Government of the Slovak Republic has carefully examined the reservations and
declarations formulated by the State of Qatar upon its accession to the Convention
on the Elimination of All Forms of Discrimination against Women, adopted on 18 December
1979 in New York, according to which:
[...]
The Government of the Slovak Republic finds the reservations to article 2 (a), article
9, paragraph 2, article 15, paragraph 1, article 15, paragraph 4, article 16, paragraph
1 (a) and (c), article 16, paragraph 1 (f) and declarations to article 1 and article
5 (a), if put into practice, would inevitably result in discrimination against women
on the basis of sex, which is incompatible with the object and purpose of the Convention
and is therefore inadmissible under article 19 (c) of the Vienna Convention on the
Law of Treaties.
Therefore it shall not be permitted, in accordance with article 28, paragraph 2 of
the Convention on the Elimination of All Forms of Discrimination Against Women.
For these reasons, the Government of the Slovak Republic objects to the above mentioned
reservations and declarations made by the State of Qatar upon accession to the Convention
on the Elimination of All Forms of Discrimination Against Women.
This objection shall not preclude the entry into force of the Convention on the Elimination
of All Forms of Discrimination Against Women between the Slovak Republic and the State
of Qatar. The Convention on the Elimination of All Forms of Discrimination Against
Women enters into force in its entirety between the Slovak Republic and the State
of Qatar, without the State of Qatar benefiting from its reservations and declarations.
Bezwaar Tsjechië, 10-11-2009
The Czech Republic has examined the reservations and declarations made by the State
of Qatar upon accession to the Convention on the Elimination of All Forms of Discrimination
against Women.
The Czech Republic believes that the reservations No. 2 - 6 of the State of Qatar
made to Articles 9(2), 15(1), 15(4), 16(1)(a) and (c) and 16(1)(f) of the Convention,
if put into practice, would inevitably result in discrimination against women on the
basis of sex, which is contrary to the object and purpose of the Convention. Furthermore,
the State of Qatar supports these reservations by references to its domestic law,
which is, in the opinion of the Czech Republic, unacceptable under customary international
law, as codified in Article 27 of the Vienna Convention on the Law of Treaties. Finally,
the reservations No. 3 - 6, that refer to the notions such as "Islamic law" and "established
practice" without specifying its contents, do 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.
It is in the common interest of States that treaties to which they have chosen to
become parties are respected as to their object and purpose, by all parties, and that
States are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties. According to Article 28 paragraph 2 of the Convention
and according to customary international law as codified in the Vienna Convention
on the Law of Treaties, a reservation that is incompatible with the object and purpose
of a treaty shall not be permitted.
The Czech Republic, therefore, objects to the aforesaid reservations made by the State
of Qatar to the Convention. This objection shall not preclude the entry into force
of the Convention between the Czech Republic and the State of Qatar. The Convention
enters into force in its entirety between the Czech Republic and the State of Qatar,
without the State of Qatar benefiting from its reservation.
Bezwaar Spanje, 13-11-2009
The Government of the Kingdom of Spain has examined the reservations made by Qatar
upon its accession to the Convention on the Elimination of All Forms of Discrimination
against Women with respect to article 9, paragraph 2, article 15, paragraphs 1 and
4, and article 16, paragraph 1 (a), (c) and (f) of the Convention, as well as the
declarations made with respect to articles 1 and 5 (a) of the Convention.
The Government of the Kingdom of Spain believes that the aforementioned declarations
relating to articles 1 and 5 (a) have no legal force and in no way exclude or modify
the obligations assumed by Qatar under the Convention.
The Government of the Kingdom of Spain believes that the reservations made with respect
to article 9, paragraph 2, article 15, paragraphs 1 and 4, and article 16, paragraph
1 (a), (c) and (f) are incompatible with the object and purpose of the Convention,
since their intent is to exempt Qatar from committing itself to the elimination of
specific forms of discrimination against women in such areas as nationality, equality
with men before the law, free movement and residence, the right to enter into marriage,
the matrimonial regime and filiation rights. These reservations affect essential obligations
arising from the Convention and their observance is necessary in order to achieve
the purpose of the Convention.
The Government of the Kingdom of Spain recalls that, according to article 28, paragraph
2, of the Convention, reservations that are incompatible with the object and purpose
of the Convention shall not be permitted.
The Government of the Kingdom of Spain also believes that the reservations made by
Qatar, which are based on inconsistency with Islamic law and incompatibility with
existing domestic legislation, to which a general reference is made without specifying
their contents, in no way excludes the legal effects of the obligations arising from
the relevant provisions of the Convention.
Accordingly, the Government of the Kingdom of Spain objects to the reservations made
by Qatar with respect to article 9, paragraph 2, article 15, paragraphs 1 and 4, and
article 16, paragraph 1(a), (c) and (f) of the Convention on the Elimination of All
Forms of Discrimination against Women.
This objection shall not preclude the entry into force of the Convention between the
Kingdom of Spain and Qatar.
Bezwaar Letland, 28-01-2010
The Government of the Republic of Latvia has carefully examined the reservations made
by the State of Qatar to the Convention on the elimination of All Forms of Discrimination
against Women (hereinafter -the Convention) upon accession to the Convention regarding
Article 2 paragraph (a), Article 9 paragraph 2, Article 15 paragraph 1 and 4, Article
16 paragraph 1 (a), 1 (c) and 1 (f).
The Government of the Republic of Latvia considers that Article 2 of the Convention
sets out the object and purpose of the Convention - to grant the equality between
men and women. Therefore, no reservations should be allowed to the said Article. Moreover,
the reservation submitted by the State of Qatar is drafted in a very unclear manner.
It does not make clear whether the State of Qatar has deemed not to grant the equality
between genders only regarding the inheritance of the Rule of State as it is prescribed
by Article 8 of the Constitution of the State of Qatar or Qatar has deemed not to
grant the equality between genders in all laws of the State and other articles of
the Constitution.
The Government of the Republic of Latvia is willing to stress that the object of the
said Convention is to grant the equality between men and women and therefore the distinction
between genders regarding the rights to determine the nationality of children is not
in line with the object and purpose of the Convention.
The reservation submitted by the State of Qatar regarding the provisions of the Convention
granting the equality before the law due to the reasons mentioned above could not
be considered in line with the object and purpose of the Convention.
The Government of the Republic of Latvia is emphasizing that the rights to determine
human's own domicile is a part of the free movement of person and therefore is very
important part of human rights and, thus no limitations may be permitted to the said
right.
Moreover, the Government of the Republic of Latvia believes that any person is entitled
to fully enjoy the human rights and the marriage cannot restrict the human rights
which the person is entitled to have.
Therefore, the Government of the Republic of Latvia has the opinion that the reservations
made by the State of Qatar contradict to the object and purpose of the Convention
and in particular to the obligations of all States Parties to pursue by all appropriate
means and without delay a policy of eliminating the discrimination against women.
Moreover, the Government of the Republic of Latvia recalls Part VI, Article 28 of
the Convention setting out that the reservations incompatible with the object and
purpose of the Convention are not permitted.
Therefore, the Government of the Republic of Latvia objects to all reservations made
by the State of Qatar to the Convention on the Elimination of All Forms of Discrimination
against Women.
However, this objection shall not preclude the entry into force of the Convention
between the Republic of Latvia and the State of Qatar. Thus, the Convention will become
operative without the State of Qatar benefiting from its reservation.
Bezwaar Oostenrijk, 12-02-2010
The Government of Austria has examined the reservations made by the State of Qatar
upon accession to the Convention on the Elimination of All Forms of Discrimination
against Women.
The Government of Austria finds that the reservations to article 9 paragraph 2, article
15 paragraphs 2 and 4, article 16 paragraphs 1a, 1c and 1f would inevitably result
in discrimination against women on the basis of sex. These reservations affect essential
obligations arising from the Convention and their observance is necessary in order
to achieve the purpose of the Convention.
The Government of Austria would like to recall that, according to article 28 paragraph
2 of the Convention as well as customary international law as codified in the Vienna
Convention on the Law of Treaties (article 19 sub-paragraph c), a reservation incompatible
with the object and purpose of a treaty shall not be permitted.
It is in the common interest of States that treaties to which they have chosen to
become parties are respected as to their object and purpose, by all parties, and that
States are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties.
For these reasons, the Government of Austria objects to the aforementioned reservations
made by the State of Qatar to the Convention on the Elimination of All Forms of Discrimination
against Women.
This position however does not preclude the entry into force in its entirety of the
Convention between the State of Qatar and Austria.
Bezwaar België, 09-04-2010
Belgium has carefully examined the reservation formulated by Qatar when it acceded,
on 29 April 2009, to the Convention on the Elimination of All Forms of Discrimination
against Women.
The reservations make the implementation of the Convention's provisions contingent
upon their compatibility with the Islamic sharia and legislation in force in Qatar.
This creates uncertainty as to which of its obligations under the Convention Qatar
intends to observe and raises doubts as to Qatar's respect for the object and purpose
of the Convention.
It is in the common interest for all parties to respect the treaties to which they
have acceded and for States to be willing to enact such legislative amendments as
may be necessary in order to fulfill their treaty obligations.
Belgium notes, moreover, that the reservations formulated with respect to article
9, paragraph 2; article 15, paragraphs 1 and 4; and article 16, paragraphs 1 (a),
1 (c) and 1 (f) concern fundamental provisions of the Convention and are therefore
incompatible with the object and purpose of that instrument.
Belgium recalls that under article 28, paragraph 2, of the Convention, reservations
incompatible with the object and purpose of the Convention are not permitted. In addition,
under 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 is
not permitted (article 19 (c)).
In consequence, Belgium objects to the reservation formulated by Qatar with respect
to article 9, paragraph 2; article 15, paragraphs 1 and 4; and article 16, paragraphs
1 (a), 1 (c) and 1 (f) of the Convention on the Elimination of All Forms of Discrimination
against Women.
This objection shall not preclude the entry into force of the Convention between the
Kingdom of Belgium and Qatar.
Bezwaar Roemenië, 14-04-2010
The Government of Romania has carefully considered the reservations made by Qatar
upon accession to the Convention on the Elimination of all Forms of Discrimination
against Women (New York, 18 December 1979) and regards the reservations made to Article
9 paragraph 2, Article 15 paragraph 1 and paragraph 4 and Article 16, [ paragraph
1] (a), (c) and (f) as incompatible with the object and purpose of the Convention,
since they maintain a certain form of discrimination against women and, implicitly,
perpetuate the inequality of rights between men and women.
These reservations are contrary to Article 28, paragraph 2 of the Convention, which
prohibits reservations incompatible with the object and purpose of the Convention.
Consequently, the Government of Romania objects to the aforementioned reservations
made by Qatar to the Convention on the Elimination of all Forms of Discrimination
against Women. This objection shall not preclude the entry into force of the Convention,
in its entirety, between Romania and Qatar.
Bezwaar Hongarije, 15-04-2010
The Government of the Republic of Hungary has examined the reservations made by the
State of Qatar on 29 April 2009 upon accession to the Convention on the Elimination
of All Forms of Discrimination against Women of 18 December 1979. The reservations
state that the State of Qatar does not consider itself bound by Article 2 (a), Article
9 (2), Article 15 (1), Article 15 (4) and Article 16, subparagraphs (a), (c) and (f)
of the Convention.
The Government of the Republic of Hungary is of the opinion that the reservations
to Article 2 (a), Article 9 (2), Article 15 (1), Article 15 (4) and Article 16, subparagraphs
(a), (c) and (f) will unavoidably result in a legal situation that discriminates against
women, which is incompatible with the object and purpose of the Convention.
Pursuant to Article 28 (2) of the Convention, reservations that are incompatible with
the object and purpose of the Convention shall not be permitted.
The Government of the Republic of Hungary therefore objects to the above-mentioned
reservations. This objection shall not preclude the entry into force of the Convention
between the Republic of Hungary and the State of Qatar.
Bezwaar Italië, 15-04-2010
The Government of Italy has carefully examined the reservations made by the State
of Qatar upon accession to the above Convention.
The reservations state that Qatar does not consider itself bound by Article 9 paragraph
2, Article 15 paragraph 14 and Article 16. The Government of Italy finds that the
aforementioned reservations would unavoidably result in a legal situation that discriminates
against women, which would be incompatible with the object and purpose of the Convention.
The Government of Italy would like to recall that according to Article 28 paragraph
2 of the Convention as well as customary international law as codified in the Vienna
Convention on the Law of Treaties, a reservation incompatible with the object and
purpose shall not be permitted.
Moreover, Articles 2 and 16 are considered to be core provisions of the Convention,
and their observance is necessary in order to achieve its purpose. Neither traditional,
religious or cultural practice nor incompatible domestic laws and policies can justify
violations of the Convention.
For these reasons, the Government of Italy objects to the aforementioned reservations
made by the State of Qatar to the Convention on the Elimination of All Forms of Discrimination
against Women.
This position however does not preclude the entry into force of the Convention between
the State of Qatar and Italy.
Bezwaar Ierland, 28-04-2010
Qatar upon accession to the Convention on the Elimination of All Forms of Discrimination
against Women.
The Government of Ireland believes that the reservations to article 2 (a), article
9 paragraph 2, article 15 paragraph 1, article 15 paragraph 4, article 16 paragraph
1 (a) and (c), article 16 paragraph 1 (f) and declarations to article 1 and 5 (a),
if put into practice, would inevitably result in discrimination against women on the
basis of sex. Such reservations seek to exclude the State of Qatar from implementing
key provisions of the Convention in their jurisdiction which are necessary to achieve
its object and purpose.
The Government of Ireland recalls that according to article 28 paragraph 2 of the
Convention, a reservation incompatible with the object and purpose of the Convention
shall not be permitted.
The Government of Ireland is further of the view that a reservation which consists
of a general reference to religious law without specifying the content thereof or
the extent to which it requires the State to derogate from the cited provisions of
the Convention, may cast doubts on the commitment of the reserving State to fulfill
its obligations under the Convention. The Government of Ireland is furthermore of
the view that such a general reservation may undermine the basis of international
treaty law.
The Government of Ireland therefore objects to the aforesaid reservations made by
the State of Qatar to the Convention on the Elimination of All Forms of Discrimination
against Women.
This objection shall not preclude the entry into force of the Convention between Ireland
and the State of Qatar.
Bezwaar Finland, 29-04-2010
The Government of Finland has carefully examined the reservation made by Qatar upon
accession to the Convention on the Elimination of All Forms of Discrimination against
Women, done at New York on 18 December 1979.
The Government of Finland recalls that by acceding to the Convention on the Elimination
of All Forms of Discrimination against Women, a State commits itself to adopt the
measures required for the elimination of discrimination against women, in all its
forms and manifestations. This includes taking appropriate measures, including legislation,
to modify or abolish i.e. customs and practices which constitute discrimination against
women.
The Government of Finland further recalls that under Article 28 of the Convention,
reservations incompatible with the object and purpose of the Convention are not permitted,
which is a general principle of treaty law codified in Article 19 (c) of the Vienna
Convention on the Law of Treaties.
The Government of Finland notes that a reservation which consists of a general reference
to religious or other national law, without specifying its contents, does not clearly
define to other States Parties to the Convention the extent to which the reserving
State commits itself to the Convention and creates serious doubts as to the commitment
of the reserving State to fulfill its obligations under the Convention. Such reservations
are, furthermore, subject to the general principle of treaty interpretation according
to which a party may not invoke the provisions of domestic law as justification for
a failure to perform its treaty obligations.
The Government of Finland finds that the reservations made by Qatar to Articles 9
(2), 15 (1), 15 (4), 16 (1) (a) and (c) as well as Article 16 (1) (f) of the Convention
address some of the most essential provisions and aim at excluding the obligations
to eliminate discrimination against women under those provisions. The Government considers
that these reservations in practice lead to discrimination against women and finds
them manifestly incompatible with the object and purpose of the Convention.
The Government of Finland therefore objects to the said reservations made by Qatar.
This objection shall not preclude the entry into force of the Convention between Qatar
and Finland.
Bezwaar Estland, 29-04-2010
The Government of Estonia has carefully examined the reservations made on 29 April
2009 by the Government of the State of Qatar to Articles 2 (a), 9 (2), 15 (1), 15
(4), 16 (1) (a), 16 (1) (c) and 16 (1) (f) of the Convention.
The Government of Estonia wishes to recall that by acceding to the Convention, a State
commits itself to eliminate discrimination against women in all its forms and manifestations
thereby taking all appropriate measures to modify or abolish existing laws, regulations
and practices which constitute such discrimination.
A reservation which consists of a general reference to national law without specifying
its content does not clearly indicate to what extent the State of Qatar commits itself
when acceding to the Government and thus is contrary to the object and purpose of
the Convention.
According to Article 28, paragraph 2 of the Convention as well as 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 Estonia therefore objects to the aforesaid reservations made by
the Government of the State of Qatar to the Convention.
Notwithstanding, this objection shall not preclude the entry into force in its entirety
of the Convention as between the Republic of Estonia and the State of Qatar.
Bezwaar Nederlanden, het Koninkrijk der, 05-05-2010
The Government of the Kingdom of the Netherlands has examined the declarations and
reservations made by the State of Qatar upon accession to the Convention on the Elimination
of All Forms of Discrimination against Women.
It is the understanding of the Government of the Kingdom of the Netherlands that the
declarations of the State of Qatar concerning articles 1 and 5(a) of the Convention
do not exclude or modify the legal effect of the provisions of the Convention in their
application to the State of Qatar and that these declarations do not affect the principle
of equality of men and women which is fundamental to the Convention.
The Government of the Kingdom of the Netherlands considers that with its reservations
to articles 9(2), 15(1), 15(4), 16(1)(a) and (c) and 16(1)(f) the State of Qatar has
made the application of essential obligations under the Convention concerning central
themes such as nationality, equality with men before the law, free movement and residence
and marriage and family life subject to Islamic law and/or domestic law or practice
in force in the State of Qatar. This makes it unclear to what extent the State of
Qatar considers itself bound by the obligations of the treaty and raises concerns
as to the commitment of the State of Qatar to the object and purpose of the Convention.
The Government of the Kingdom of the Netherlands considers that reservations of this
kind must be regarded as incompatible with the object and purpose of the Convention
and would recall that, according to article 28(2) of the Convention, reservations
incompatible with the object and purpose of the Convention shall not be permitted.
The Government of the Kingdom of the Netherlands therefore objects to the aforesaid
reservations made by the State of Qatar to the Convention.
This objection does not constitute an obstacle to the entry into force of the Convention
between the Kingdom of the Netherlands and the State of Qatar.
Bezwaar Noorwegen, 06-05-2010
The Government of Norway finds that the reservations to article 2 (a), article 9,
paragraph 2, article 15, paragraphs 1 and 4 and article 16, paragraph 1 (a), (c) and
(f) affect essential obligations arising from the Convention, obligations whose observance
is necessary in order to achieve the purpose of the Convention. The Government of
Norway recalls that, according to article 28, paragraph 2 of the Convention, as well
as customary international law as codified in the Vienna Convention on the Law of
Treaties article 19, paragraph (c), a reservation incompatible with the object and
purpose of a treaty shall not be permitted. The Government of Norway considers that
the reservations made by the State of Qatar are so extensive as to be contrary to
the object and purpose of the Convention. For these reasons, the Government of Norway
objects to reservations Nos. 1-6 made by the State of Qatar.
This objection does not preclude the entry into force in its entirety of the Convention
between the Kingdom of Norway and the State of Qatar. The Convention thus becomes
operative between the Kingdom of Norway and the State of Qatar without the State of
Qatar benefiting from the aforesaid reservations.
Bezwaar Polen, 06-05-2010
The Government of the Republic of Poland has examined the reservations made by the
State of Qatar upon accession to the Convention on the Elimination of All Forms of
Discrimination against Women, adopted by General Assembly of the United Nations on
December 18, 1979, with regard to Articles 2(a), 9(2), 15(1), 15(4), 16(1)(a) and
(c) and 16 (1)(f) and 29 (2) and the declarations made by this State with respect
to Articles 1 and 5(a) of the Convention.
The Government of the Republic of Poland is of the view that, if put into practice,
the reservations and declarations made by the State of Qatar, especially when taking
into account the vast area of life which they affect, will considerably limit the
ability of women to benefit from the rights guaranteed to them by the Convention which
are related to essential sphere of life, e.g. equality of men and women before the
law, nationality of children, family relations and freedom to choose their residence
and domicile.
Thus, the Government of the Republic of Poland considers the reservations and declarations
made by the State of Qatar (except for the reservations regarding Article 2(a) and
Article 29(2) of the Convention) as incompatible with the object and purpose of the
Convention which is the elimination of the discrimination against women in all spheres.
Therefore, according to Article 28(2) of the Convention and Article 19(c) of the Vienna
Convention on the Law of Treaties, the reservations and declarations shall not be
permitted.
In order to justify its will to exclude the legal consequences of certain provisions
of the Convention, the State of Qatar raised in its reservations the inconsistency
of these provisions with its domestic legislation. The Government of the Republic
of Poland recalls that, according to Article 27 of the Vienna Convention on the Law
of Treaties, the State Party to an international agreement may not invoke the provisions
of its internal law as justification for its failure to perform a treaty. On the contrary,
it should be deemed a rule that a State Party adjusts its internal law to the treaty
which it decides to be bound by.
Furthermore, the State of Qatar refers in its reservations to the Islamic law and
'established practice' which may be applied in course of the implementation of the
Convention. However, it does not specify their exact content. As a consequence these
reservations do 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.
Therefore, the Government of the Republic of Poland objects to the reservations made
by the State of Qatar upon accession to the Convention on the elimination of All Forms
of Discrimination against Women, adopted by General Assembly of the United Nations
on 18 December 1979, with regard to Articles 9(2), 15(1), 15(4), 16(1)(a) and (c)
and 16(1)(f) of the Convention.
This objection does not preclude the entry into force of the Convention between the
Republic of Poland and the State of Qatar.
Bezwaar Zweden, 07-05-2010
The Government of Sweden considers that the reservations made with respect to articles
9 (2), 15 (1), 15 (4) and 16 (1 a, c, f) would, if put into practice, inevitably result
in discrimination against women on the basis of sex, which is contrary to the object
and purpose of the Convention. It should be borne in mind that the principles of the
equal rights of women and men and of non-discrimination on the basis of sex are set
forth in the Charter of the United Nations as one of the purposes of the organization,
and are enshrined in the Universal Declaration of Human Rights of 1948.
The Government of Sweden notes that the reservations made by the State of Qatar would
give precedence to the provisions of the national Constitution and legislation as
well as to the provisions of Islamic law and established practice. The Government
of Sweden is of the belief that these reservations, which do not clearly specify the
extent of the derogation by the State of Qatar from the provisions in question, raises
serious doubt as to the commitment of the State of Qatar to the object and purpose
of the Convention.
According to Article 28 (2) of the Convention and to international customary law,
as codified in the Vienna Convention on the Law of Treaties, reservations incompatible
with the object and purpose of a Convention shall not be permitted. It is in the common
interest of States that treaties, to which they have chosen to become parties, are
respected as to their object and purpose by all parties, and that States are prepared
to undertake any legislative changes necessary to comply with their obligation under
the treaties.
The Government of Sweden therefore objects to the aforesaid reservations made by the
State of Qatar to the Convention of Elimination of All Forms of Discrimination against
Women and considers them null and void.
This objection does not preclude the entry into force of the Convention between the
State of Qatar and Sweden. The Convention shall enter into force in its entirety between
the two States without Qatar benefiting from its reservations.
It is the understanding of the Government of Sweden that the declarations of the State
of Qatar concerning articles 1 and 5 (a) of the Convention do not exclude or modify
the legal effect of the provisions of the Convention in their application to Qatar
and that these declarations do not affect the principle of equality of men and women
which is fundamental to the Convention.
Bezwaar Portugal, 10-05-2010
The Government of the Portuguese Republic considers that the reservations are incompatible
with the object and purpose of the Convention, insofar as they disregard fundamental
principles that shape the core of the Convention.
According to international law, a reservation which is incompatible with the object
and purpose of a treaty shall not be permitted.
The Government of the Portuguese Republic therefore objects to the aforesaid reservations
made by the Government of the State of Qatar on 29 April 2009 upon its accession to
the Convention on the Elimination of all Forms of Discrimination against Women.
This objection shall not preclude the entry into force of the Convention on the Elimination
of all Forms of Discrimination against Women between the Portuguese Republic and the
State of Qatar.
Bezwaar Mexico, 10-05-2010
The United Mexican States has examined the reservations made by Qatar to articles
2, 9, 15 and 16, and has concluded that they should be considered invalid in the light
of article 28, paragraph 2, of the Convention because they are incompatible with its
object and purpose. The said reservations, if implemented, would inevitably result
in discrimination against women on the basis of sex, which is contrary to all the
articles of the Convention.
The objection of the Government of the United Mexican States to the reservations in
question shall not preclude the entry into force of the Convention between the United
Mexican States and Qatar.
Saudi-Arabië
07-09-2000
1. In case of contradiction between any term of the Convention and the norms of islamic
law, the Kingdom is not under obligation to observe the contradictory terms of the
Convention.
2. The Kingdom does not consider itself bound by paragraphe 2 of article 9 of the
Convention and paragraph 1 of article 29 of the Convention.
Bezwaar Duitsland, 19-01-2001
The Government of the Federal Republic of Germany is of the view that the reservation,
with regard to compatibility of CEDAW rules with Islamic law, raises doubts as to
the commitment of the Kingdom of Saudi Arabia to CEDAW. The Government of the Federal
Republic of Germany considers this reservation to be incompatible with the object
and purpose of the Convention.
The Government of the Federal Republic of Germany notes furthermore that the reservation
to Paragraph 2 of article 9 of CEDAW aims to exclude one obligation of non-discrimination
which is so important in the context of CEDAW as to render this reservation contrary
to the essence of the Convention.
The Government of the Federal Republic of Germany therefore objects to the aforesaid
reservations made by the Government of the Kingdom of Saudi Arabia to the Convention
on Elimination of all Forms of Discrimination against Women.
This objection does not preclude the entry into force of the Convention between the
Federal Republic of Germany and the Kingdom of Saudi Arabia.
Bezwaar Spanje, 22-02-2001
The Government of the Kingdom of Spain has examined the reservation made by the Government
of the Kingdom of Saudi Arabia to the Convention on the Elimination of All Forms of
Discrimination against Women on [7] September 2000, regarding any interpretation of
the Convention that may be incompatible with the norms of Islamic law and regarding
article 9, paragraph 2.
The Government of the Kingdom of Spain considers that the general reference to Islamic
law, without specifying its content, creates doubts among the other States parties
about the extent to which the Kingdom of Saudi Arabia commits itself to fulfil its
obligations under the Convention.
The Government of the Kingdom of Spain is of the view that such a reservation by the
Government of the Kingdom of Saudi Arabia is incompatible with the object and purpose
of the Convention, since it refers to the Convention as a whole and seriously restricts
or even excludes its application on a basis as ill-defined as the general reference
to Islamic law.
Furthermore, the reservation to article 9, paragraph 2, aims at excluding one of the
obligations concerning non-discrimination, which is the ultimate goal of the Convention.
The Government of the Kingdom of Spain recalls that according to article 28, paragraph
2, of the Convention, reservations that are incompatible with the object and purpose
of the Convention shall not be permitted.
Therefore, the Government of the Kingdom of Spain objects to the said reservations
by the Government of the Kingdom of Saudi Arabia to the Convention on the Elimination
of All Forms of Discrimination against Women.
This objection shall not preclude the entry into force of the Convention between the
Kingdom of Spain and the Kingdom of Saudi Arabia.
Bezwaar Zweden, 30-03-2001
The Government of Sweden has examined the reservation made by the Government of the
Kingdom of Saudi Arabia at the time of its ratification of the Convention on the Elimination
of All Forms of Discrimination against Women, as to any interpretation of the provisions
of the Convention that is incompatible with the norms of Islamic law.
The Government of Sweden is of the view that this general reservation, which does
not clearly specify the provisions of the convention to which it applies and the extent
of the derogation therefrom, raises doubts as to the commitment of the Kingdom of
Saudi Arabia to the object and purpose of the Convention.
It is in the common interest of States that treaties to which they have been chosen
to become parties are respected as to their object and purpose, and that States are
prepared to undertake any legislative changes necessary to comply with their obligations
under the treaties. According to customary 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 Sweden therefore objects
to the aforesaid general reservation made by the Government of the Kingdom of Saudi
Arabia to the Convention on the Elimination of All Forms of Discrimination against
Women.
This shall not preclude the entry into force of the Convention between the Kingdom
of Saudi Arabia and the Kingdom of Sweden, without the Kingdom of Saudi Arabia benefiting
from the said reservation.
Bezwaar Frankrijk, 26-06-2001
The Government of the French Republic has examined the reservations made by the Government
of the Kingdom of Saudi Arabia to the Convention on the Elimination of All Forms of
Discrimination against Women, adopted in New York on 18 December 1979. By stating
that in case of contradiction between any term of the Convention and the norms of
Islamic law, it is not under obligation to observe the terms of the Convention, the
Kingdom of Saudi Arabia formulates a reservation of general, indeterminate scope that
gives the other States parties absolutely no idea which provisions of the Convention
are affected or might be affected in future. The Government of the French Republic
believes that the reservation could make the provisions of the Convention completely
ineffective and therefore objects to it. The second reservation, concerning article
9, paragraph 2, rules out equality of rights between men and women with respect to
the nationality of their children and the Government of the French Republic therefore
objects to it.
These objections do not preclude the Convention's entry into force between Saudi Arabia
and France. The reservation rejecting the means of dispute settlement provided for
in article 29, paragraph 1, of the Convention is in conformity with the provisions
of article 29, paragraph 2.
Bezwaar Portugal, 18-07-2001
The Government of the Portuguese Republic has examined the reservation made on 7 September
by the Government of the Kingdom of Saudi Arabia to the Convention on the Elimination
of All Forms of Discrimination against Women (New York, 18 December 1979), regarding
any interpretation of the provisions of the Convention that is incompatible with the
precept of Islamic law and the Islamic religion. It has also examined the reservation
to article 9.2 of the Convention.
The Government of the Portuguese Republic is of the view that the first reservation
refers in general terms to the Islamic law, failing to specify clearly its content
and, therefore, leaving the other State parties with doubts as to the real extent
of the Kingdom of Saudi Arabia's commitment to the Convention.
Furthermore, it also considers the reservation made by the Government of the Kingdom
of Saudi Arabia incompatible with the objective and purpose of the aforesaid Convention,
for it refers to the whole of the Convention, and it seriously limits or even excludes
its application on a vaguely defined basis, such as the global reference to the Islamic
law.
Regarding the reservation to article 9.2, the Government of the Portuguese Republic
is of the view that the said reservation intends to exclude one of the obligations
of non-discrimination, which is the essence of the Convention.
Therefore, the Government of the Portuguese Republic objects to the aforementioned
reservations made by the Government of the Kingdom of Saudi Arabia to the Convention
on the Elimination of All Forms of Discrimination against Women.
This objection shall not preclude the entry into force of the Convention between the
Portuguese Republic and the Kingdom of Saudi Arabia.
Bezwaar Denemarken, 10-08-2001
The Government of Denmark has examined the reservations made by the Government of
Saudi Arabia upon ratification on the Convention on the Elimination of All Forms of
Discrimination Against Women as to any interpretation of the provisions of the Convention
that is incompatible with the norms of Islamic law.
The Government of Denmark finds that the general reservation with reference to the
provisions of Islamic law are of unlimited scope and undefined character. Consequently,
the Government of Denmark considers the said reservations as being incompatible with
the object and purpose of the Convention and accordingly inadmissible and without
effect under international law.
The Government of Denmark furthermore notes that the reservation to paragraph 2 of
article 9 of the Convention aims to exclude one obligation of non-discrimination which
is the aim of the Convention and therefore renders this reservation contrary to the
essence of the Convention.
The Government of Denmark therefore objects to the aforesaid reservations made by
the Government of the Kingdom of Saudi Arabia to the Convention on Elimination of
All Forms of Discrimination against Women.
These objections shall not preclude the entry into force of the Convention in its
entirety between Saudi Arabia and Denmark.
The Government of Denmark recommends the Government of Saudi Arabia to reconsider
its reservations to the Convention on the Elimination of All Forms of Discrimination
against Women.
Bezwaar Oostenrijk, 21-08-2001
Austria has examined the reservations to the Convention on the Elimination of All
Forms of Discrimination against Women made by the Government of the Kingdom of Saudi
Arabia in its note to the Secretary-General of 7 September 2000.
The fact that the reservation concerning any interpretation of the provisions of the
Convention that is incompatible with the norms of Islamic law does not clearly specify
the provisions of the Convention to which it applies and the extent of the derogation
therefrom raises doubts as to the commitment of the Kingdom of Saudi Arabia to the
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 Government
of Saudi Arabia, Austria considers the reservation as not affecting any provision
the implementation of which is essential to fulfilling the object and purpose of the
Convention. In Austria's view, however, the reservation in question is inadmissible
to the extent that its application negatively affects the compliance by Saudi Arabia
with its obligations under the Convention essential for the fulfilment of its object
and purpose. Austria does not consider the reservation made by the Government of Saudi
Arabia as admissible unless the Government of Saudi Arabia, 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 Convention.
As to the reservation to Paragraph 2 of Article 9 of the Convention Austria is of
the view that the exclusion of such an important provision of non-discrimination is
not compatible with object and purpose of the Convention. Austria therefore objects
to this reservation.
This position, however, does not preclude the entry into force in its entirety of
the Convention between Saudi Arabia and Austria.
Bezwaar Verenigd Koninkrijk, 06-09-2001
[...] refer to the reservation [...]
The Government of the United Kingdom note that a reservation which consists of a general
reference to national law without specifying its contents does not clearly define
for other States Parties to the Convention the extent to which the reserving State
has accepted the obligations of the Convention. The Government of the United Kingdom
therefore object to the aforesaid reservation made by the Government [of] the Kingdom
of the Saudi Arabia.
This objection shall not preclude the entry into force of the Convention between the
United Kingdom of Great Britain and Northern Ireland and the Kingdom of Saudi Arabia.
Bezwaar Nederlanden, het Koninkrijk der, 18-09-2001
The Government of the Kingdom of the Netherlands has examined the reservations made
by the Government of Saudi Arabia at the time of its [ratification of] the Convention
on the Elimination of All Forms of Discrimination against Women.
The Government of the Kingdom of the Netherlands considers that the reservation concerning
the national law of Saudi Arabia, which seeks to limit the responsibilities of the
reserving State under the Convention by invoking national law, may raise doubts as
to the commitment of this State to the object and purpose of the Convention and, moreover,
contribute to undermining the basis of international treaty law.
The Government of the Kingdom of the Netherlands furthermore considers that the reservation
made by Saudi Arabia regarding article 9, paragraph 2, of the Convention is incompatible
with the object and purpose of the Convention. The Government of the Kingdom of the
Netherlands recalls that according to paragraph 2 of Article 28 of the Convention,
a reservation incompatible with the object and purpose of the Convention shall not
be permitted.
It is in the common interest of States that treaties to which they have chosen to
become party should be respected, as to object and purpose, by all parties. The Government
of the Kingdom of the Netherlands therefore objects to the aforesaid reservations
made by the Government of Saudi Arabia to the Convention on the Elimination of All
Forms of Discrimination against Women.
This objection shall not preclude the entry into force of the Convention between the
Kingdom of the Netherlands and Saudi Arabia.
Bezwaar Ierland, 02-10-2001
The Government of Ireland has examined the reservation made, on 7 September 2000,
by the Government of the Kingdom of Saudi Arabia to the Convention on the Elimination
of All Forms of Discrimination Against Women, in respect of any divergence between
the terms of the Convention and the norms of Islamic law. It has also examined the
reservation made on the same date by the Government of the Kingdom of Saudi Arabia
to Article 9, paragraph 2 of the Convention concerning the granting to women of equal
rights with men with respect to the nationality of their children.
As to the former of the aforesaid reservations, the Government of Ireland is of the
view that a reservation which consists of a general reference to religious law without
specifying the content thereof and which does not clearly specify the provisions of
the Convention to which it applies and the extent of the derogation therefrom, may
cast doubts on the commitment of the reserving State to fulfil its obligations under
the Convention. The Government of Ireland is furthermore of the view that such a general
reservation may undermine the basis of international treaty law.
As to the reservation to Article 9, paragraph 2 of the Convention, the Government
of Ireland considers that such a reservation aims to exclude one obligation of non-discrimination
which is so important in the context of the Convention on the Elimination of All Forms
of Discrimination Against Women as to render this reservation contrary to the essence
of the Convention. The Government of Ireland notes in this connection that Article
28, paragraph 2 of the Convention provides that a reservation incompatible with the
object and purpose of the Convention shall not be permitted.
The Government of Ireland moreover recalls that by ratifying the Convention, a State
commits itself to adopt the measures required for the elimination of discrimination,
in all its forms and manifestations, against women.
The Government of Ireland therefore objects to the aforesaid reservations made by
the Government of the Kingdom of Saudi Arabia to the Convention on the Elimination
of All Forms of Discrimination Against Women.
This objection shall not preclude the entry into force of the Convention between Ireland
and the Kingdom of Saudi Arabia.
Bezwaar Noorwegen, 09-10-2001
The Government of Norway has examined the contents of the reservation made by the
Government of the Kingdom of Saudi Arabia upon ratification of the Convention on the
Elimination of all forms of Discrimination Against Women.
According to paragraph 1 of the reservation, the norms of Islamic Law shall prevail
in the event of conflict with the provisions of the Convention. It is the position
of the Government of Norway that, due to its unlimited scope and undefined character,
this part of the reservation is contrary to object and purpose of the Convention.
Further, the reservation to Article 9, paragraph 2, concerns one of the core provisions
of the Convention, and which aims at eliminating discrimination against women. The
reservation is thus incompatible with the object and purpose of the Convention.
For these reasons, the Government of Norway objects to paragraph 1 and the first part
of paragraph 2 of the reservation made by Saudi Arabia, as they are impermissible
according to Article28, paragraph 2 of the Convention.
This objection does not preclude the entry into force in its entirety of the Convention
between the Kingdom of Norway and the Kingdom of Saudi Arabia. The Convention thus
becomes operative between Norway and Saudi Arabia without Saudi Arabia benefiting
from the said parts of the reservation.
Bezwaar Finland, 08-10-2002
The Government of Finland has examined the contents of the reservations made by the
Government of Saudi Arabia to the Convention on the Elimination of all Forms of Discrimination
Against Women.
The Government of Finland recalls that by acceding to the Convention, a State commits
itself to adopt the measures required for the elimination of discrimination, in all
its forms and manifestations, against women.
A reservation which consists of a general reference to religious law and national
law without specifying its contents, as the first part of the reservation made by
Saudi Arabia, does not clearly define to other Parties to the Convention the extent
to which the reserving State commits itself to the Convention and therefore creates
serious doubts as to the commitment of the reserving State to fulfil its obligations
under the Convention.
Furthermore, reservations are 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.
As the reservation to Paragraph 2 of Article 9 aims to exclude one of the fundamental
obligations under the Convention, it is the view of the Government of Finland that
the reservation is not compatible with the object and purpose of the Convention.
The Government of Finland also recalls Part VI, Article 28 of the Convention according
to which reservations incompatible with the object and purpose of the Convention are
not permitted.
The Government of Finland therefore objects to the above-mentioned reservations made
by the Government of Saudi Arabia to the Convention.
This objection does not preclude the entry into force of the Convention between Saudi
Arabia and Finland. The Convention will thus become operative between the two States
without Saudi Arabia benefiting from the reservations.
Singapore
05-10-1995
(1) In the context of Singapore's multiracial and multi-religious society and the
need to respect the freedom of minorities to practice their religious and personal
laws, the Republic of Singapore reserves the right not to apply the provisions of
article 2, paragraphs (a) to (f), and article 16, paragraphs 1(a), 1(c), 1(h), and
article 16, paragraph 2, where compliance with these provisions would be contrary
to their religious or personal laws.
(2) [...]
(3) Singapore interprets article 11, paragraph 1 in the light of the provisions of
article 4, paragraph 2 as not precluding prohibitions, restrictions or conditions
on the employment of women in certain areas, or on work done by them where this is
considered necessary or desirable to protect the health and safety of women or the
human foetus, including such prohibitions, restrictions or conditions imposed in consequence
of other international obligations of Singapore and considers that legislation in
respect of article 11 is unnecessary for the minority of women who do not fall within
the ambit of Singapore's employment legislation.
(4) The Republic of Singapore declares, in pursuance of article 29, paragraph 2 of
the Convention that it will not be bound by the provisions of article 29, paragraph
1.
Bezwaar Nederlanden, het Koninkrijk der, 20-11-1996
The Government of the Kingdom of the Netherlands [...] considers:
- that the reservation under (1) is incompatible with the purpose of the Convention;
- [...]
- that the reservation under (3), particularly the last part "...and considers that
legislation in respect of article 11 is unnecessary for the minority of women who
do not fall within the ambit of Singapore's employment legislation" is a reservation,
which seeks to limit the responsibilities of the reserving State under the Convention
by invoking the general principles of its national law, and in this particular case
to exclude the application of the said article for a specific category of women, and
therefore may raise doubts as to the commitment of this 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 should be respected, as to object and purpose, by all parties;
The Government of the Kingdom of the Netherlands therefore objects to the above-mentioned
reservations.
This objection shall not preclude the entry into force of the Convention between Singapore
and the Kingdom of the Netherlands.
Bezwaar Finland, 21-11-1996
The reservations made by Singapore, consisting of a general reference to religious
and national law without specifying the contents thereof and 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 creates serious doubts about the commitment
of the reserving State to fulfill its obligations under the Convention. Reservations
of such unspecified nature may contribute to undermining the basis of international
human rights treaties.
The Government of Finland also recalls that the reservations of Singapore are subject
to the general principles 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.
Furthermore, the reservations made by Singapore, in particular to articles 2 (f) and
5 (a), are two fundamental provisions of the Convention the implementation of which
is essential to fulfilling its object and purpose.
The Government of Finland considers that in their present formulation the reservations
made by Singapore are clearly incompatible with the object and purpose of the said
Convention and therefore inadmissible under article 28, 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.
Bezwaar Noorwegen, 21-11-1996
In the view of the Government of Norway, a reservation by which a State party limits
its responsibilities under the Convention by invoking general principles of internal
law may create doubts about the commitments of the reserving State to the object and
purpose of the Convention and, moreover, contribute to undermine 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 their object and purpose, by all
parties. Furthermore, under well established international treaty law, a State is
not permitted to invoke internal law as justification for its failure to perform its
treaty obligations. For these reasons, the Government of Norway objects to the reservations
of Singapore.
The Government of Norway does not consider this objection to constitute an obstacle
to the entry into force of the above-stated Convention between the Kingdom of Norway
and Singapore.
Bezwaar Denemarken, 12-02-1997
The Government of Denmark finds that the said reservations are covering 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.
The Government of Denmark finds that the reservations are incompatible with the object
and purpose of the Convention and accordingly inadmissible and without effect under
international law. Consequently, the Government of Denmark objects to these reservations.
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 Convention remains in force in its entirety between Singapore and Denmark.
The Government of Denmark recommends the Government of Singapore to reconsider its
reservations to the [said] Convention.
Bezwaar Zweden, 13-08-1997
The Government of Sweden is of the view that these general reservations raise doubts
as to the commitment of Singapore to the object and purpose of the Convention and
would recall that, according to article 28, paragraph 2, of the Convention, a reservation
incompatible with the object and purpose of the Convention shall not be permitted.
It is in the common interest of states that treaties to which they have chosen to
become parties are respected, as to their object and purpose, by all parties and that
states are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties.
The Government of Sweden is further of the view that general reservations of the kind
made by the Government of Singapore, which do not clearly specify the provisions of
the Convention to which they apply and the extent of the derogation therefrom, contribute
to undermining the basis of international treaty law.
The Government of Sweden therefore objects to the aforesaid general reservations made
by the Government of Singapore to the [said Convention].
This objection does not preclude the entry into force of the Convention between Singapore
and Sweden. The Convention will thus become operative between the two states without
Singapore benefiting from these reservations.
It is the opinion of the Government of Sweden, that no time limit applies to objections
against reservations, which are inadmissible under international law.
15-10-2015
Modification of reservation to Article 11:
(3) Singapore considers that legislation in respect of article 11 is unnecessary for
the minority of women who do not fall within the ambit of Singapore’s employment legislation.
Spanje
05-01-1984
The ratification of the Convention by Spain shall not affect the constitutional provisions concerning succession to the Spanish crown.
Syrië
28-03-2003
[...] subject to reservations to article 2; article 9, paragraph 2, concerning the
grant of a woman's nationality to her children; article 15, paragraph 4, concerning
freedom of movement and of residence and domicile; article 16, paragraph 1 (c), (d),
(f) and (g), concerning equal rights and responsibilities during marriage and at its
dissolution with regard to guardianship, the right to choose a family name, maintenance
and adoption; article 16, paragraph 2, concerning the legal effect of the betrothal
and the marriage of a child, inasmuch as this provision is incompatible with the provisions
of the Islamic Shariah; and article 29, paragraph 1, concerning arbitration between
States in the event of a dispute.
The accession of the Syrian Arab Republic to this Convention shall in no way signify
recognition of Israel or entail entry into any dealings with Israel in the context
of the provisions of the Convention.
Bezwaar Nederlanden, het Koninkrijk der, 27-05-2003
The Government of the Kingdom of the Netherlands has examined the reservations made
by the Government of the Syrian Arab Republic at the time of its accession to the
Convention on the Elimination of All Forms of Discrimination against Women.
The Government of the Kingdom of the Netherlands considers that the reservations with
respect to article 2, article 9, paragraph 2, article 15, paragraph 4, and article
16, paragraph 1 (c), (d), (f) and (g), of the Convention are reservations incompatible
with the object and purpose of the Convention.
Furthermore, the Government of the Kingdom of the Netherlands considers that the reservation
with respect to article 16, paragraph 2, of the Convention, concerning the Islamic
Shariah of the Syrian Arab Republic, a reservation which seeks to limit the responsibilities
of the reserving State under the Convention by invoking the Islamic Shariah, may raise
doubts as to the commitment of this State to the object and purpose of the Convention
and, moreover, contribute to undermining the basis of international treaty law. The
Government of the Kingdom of the Netherlands recalls that, according to paragraph
2 of article 28 of the Convention, a reservation incompatible with the object and
purpose of the Convention shall not be permitted.
It is in the common interest of States that treaties to which they have chosen to
become party are respected, as to their object and purpose, by all Parties and that
States are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties.
The Government of the Kingdom of the Netherlands therefore objects to the aforesaid
reservations made by the Government of the Syrian Arab Republic to the Convention
on the Elimination of All Forms of Discrimination against Women.
This objection shall not preclude the entry into force of the Convention between the
Kingdom of the Netherlands and the Syrian Arab Republic.
Bezwaar Denemarken, 27-05-2003
The Government of Denmark has examined the reservations made by the Government of
the Syrian Arab Republic upon accession to the Convention on the Elimination of All
Forms of Discrimination Against Women regarding article 2, article 9, paragraph 2,
article 15, paragraph 4, article 16, paragraphs 1 (c), (d), (f) and (g) and article
16, paragraph 2 in its note of 7 April 2003, to the Secretary-General of the United
Nations distributed under reference No. C.N.267.2003.TREATIES-6.
The Government of Denmark finds that the reservation to article 2 seeks to evade the
obligation of non-discrimination, which is the aim of the Convention. The Government
of Denmark is of the view that a general reservation to one of the core articles of
the Convention raises doubts as to the commitment of the Government of the Syrian
Arab Republic to fulfil its obligations under the Convention.
The Government of Denmark furthermore notes that the reservations to article 9, paragraph
2, article 15, paragraph 4, article 16, paragraphs 1 (c), (d), (f) and (g) and article
16, paragraph 2, would inevitably result in discrimination against women on the basis
of sex, which is contrary to the object and purpose of the Convention. It should be
borne in mind that the principles of equal rights of men and women and of non-discrimination
on the basis of sex are set forth in the Charter of the United Nations as one of the
purposes of the organization, as well as in the Universal Declaration of Human Rights
of 1948.
The Government of Denmark finds that these reservations made by the Government of
the Syrian Arab Republic are not in conformity with the object and purpose of the
Convention.
The Government of Denmark recalls that according to article 28, paragraph 2 of the
Convention, a reservation incompatible with the object and purpose of the Convention
shall not be permitted.
The Government of Denmark therefore objects to the aforementioned reservations made
by the Government of the Syrian Arab Republic to the Convention on the Elimination
of All Forms of Discrimination Against Women.
This shall not preclude the entry into force of the Convention in its entirety between
the Syrian Arab Republic and Denmark.
The Government of Denmark recommends the Government of the Syrian Arab Republic to
reconsider its reservations to the Convention on the Elimination of All Forms of Discrimination
Against Women.
Bezwaar Finland, 17-06-2003
The Government of Finland has carefully examined the contents of the reservations
made by the Government of the Syrian Arab Republic to Article 2, paragraph 2 of Article
9, paragraph 4 of Article 15 and to paragraphs 1(c), (d), (f) and (g) of Article 16
of the Convention on the Elimination of all Forms of Discrimination Against Women.
The Government of Finland notes that a reservation which consists of a general reference
to religious or other national law without specifying its contents does not clearly
define for other Parties to the Convention the extent to which the reserving State
commits itself to the Convention and therefore creates serious doubts as to the commitment
of the reserving State to fulfil its obligations under the Convention. Such reservations
are 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.
The Government of Finland further notes that the reservations made by the Syrian Arab
Republic, addressing some of the most essential provisions of the Convention, and
aiming to exclude some of the fundamental obligations under it, are incompatible with
the object and purpose of the Convention.
The Government of Finland also recalls Part VI, Article 28, of the Convention, according
to which reservations incompatible with the object and purpose of the Convention are
not permitted.
The Government of Finland therefore objects to the afore-mentioned reservations made
by the Government of the Syrian Arab Republic to the Convention.
This objection does not preclude the entry into force of the Convention between the
Syrian Arab Republic and Finland. The Convention will thus become operative between
the two states without the Syrian Arab Republic benefiting from its reservations.
Bezwaar Verenigd Koninkrijk, 26-06-2003
The Government of the United Kingdom have examined the reservations made by the Government
of the Syrian Arab Republic to the Convention on the Elimination of All Forms of Discrimination
Against Women (New York, 18 December 1979) on 28 March 2003 in respect of Article
2; and Article 16, paragraphs 1 (c), (d), (f) and (g), concerning equal rights and
responsibilities during marriage and at its dissolution with regard to guardianship,
the right to choose a family name, maintenance and adoption; and article 16, paragraph
2, concerning the legal effect of the betrothal and the marriage of a child, inasmuch
as this provision is incompatible with the provisions of the Islamic Shariah.
The Government of the United Kingdom note that the Syrian reservation specifies particular
provisions of the Convention Articles to which the reservation is addressed. Nevertheless
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.
The Government of the United Kingdom therefore object to the aforesaid reservations
made by the Government of the Syrian Arab Republic.
This objection shall not preclude the entry into force of the Convention between the
United Kingdom of Great Britain and Northern Ireland and the Syrian Arab Republic.
Bezwaar Zweden, 11-07-2003
The Government of Sweden has examined the reservations made by the Syrian Arab Republic
upon acceding to the Convention on the Elimination of All Forms of Discrimination
Against Women regarding article 2, article 9, paragraph 2, article 15, paragraph 4
and article 16, paragraphs 1 (c), (d), (f) (g) and 2 of the Convention.
Article 2 of the Convention is one of the core articles of the Convention. A general
reservation to this article seriously raises doubts as to the commitment of the Syrian
Arab Republic to the object and purpose of the Convention.
The reservations to articles 9, paragraph 2, article 15, paragraph 4 and article 16,
paragraphs 1 (c), (d), (f) and (g), if put into practice, would inevitably result
in discrimination against women on the basis of sex, which is contrary to the object
and purpose of the Convention. It should be borne in mind that the principles of the
equal rights of men and women and of non-discrimination on the basis of sex are set
forth in the Charter of the United Nations as one of the purposes of the organisation,
as well as in the Universal Declaration of Human Rights of 1948.
The reservation to article 16, paragraph 2, makes a general reference to islamic sharia.
The Government of Sweden is of the view that in the absence of further clarification,
this reservation which does not clearly specify the extent of the Syrian Arab Republic's
derogation from the provision in question raises serious doubts as to the commitment
of the Syrian Arab Republic to the object and purpose of the Convention.
According to article 28, paragraph 2, of the Convention, reservations incompatible
with the object and purpose of the Convention shall not be permitted. It is in the
common interest of all States that treaties to which they have chosen to become parties
are respected as to their object and purpose, by all parties, and that States are
prepared to undertake any legislative changes necessary to comply with their obligations
under the treaties.
The Government of Sweden therefore objects to the aforesaid reservations made by the
Syrian Arab Republic to the Convention on the Elimination of All Forms of Discrimination
against Women.
This objection shall not preclude the entry into force of the Convention between the
Syrian Arab Republic and Sweden. The Convention enters into force in its entirety
between the two States, without the Syrian Arab Republic benefiting from its reservations.
Bezwaar Frankrijk, 21-07-2003
The Government of the French Republic has examined the reservations made by the Syrian
Arab Republic upon its accession to the 1979 Convention on the Elimination of All
Forms of Discrimination against Women.
The Government of the French Republic considers that, by making a reservation to article
2 of the Convention, the Government of the Syrian Arab Republic is making a reservation
of general scope that renders the provisions of the Convention completely ineffective.
For this reason, the French Government objects to the reservation, which it considers
to be incompatible with the object and purpose of the Convention.
The French Government objects to the reservations made to article 9, paragraph 2,
article 15, paragraph 4, and article 16, paragraphs 1 and 2, of the Convention. The
French Government notes that these objections do not preclude the entry into force
of the 1979 Convention on the Elimination of All Forms of Discrimination against Women
between Syria and France.
Bezwaar Spanje, 31-07-2003
The Government of the Kingdom of Spain has examined the reservations made by the Government
of the Syrian Arab Republic to article 2; article 9, paragraph 2; article 15, paragraph
4; and article 16, paragraph 1 (c), (d), (f) and (g) and paragraph 2 of the Convention
on the Elimination of All Forms of Discrimination against Women, upon acceding to
the Convention.
The Government of the Kingdom of Spain deems the above-mentioned reservations to be
contrary to the object and purpose of the Convention, since they affect fundamental
obligations of States parties thereunder. Moreover, the reservation to article 16,
paragraph 2, of the Convention refers to the Islamic Shariah, without specifying its
content, which raises doubts as to the degree of commitment of the Syrian Arab Republic
in acceding to the Convention.
The Government of the Kingdom of Spain recalls that, under article 28, paragraph 2,
of the Convention, reservations incompatible with the object and purpose of the Convention
are not permitted.
Accordingly, the Government of the Kingdom of Spain objects to the reservations made
by the Government of the Syrian Arab Republic to the Convention on the Elimination
of All Forms of Discrimination against Women.
This objection does not prevent the entry into force of the Convention between the
Kingdom of Spain and the Syrian Arab Republic.
Bezwaar Oostenrijk, 14-08-2003
The Government of Austria has examined the reservation made by the Government of the
Syrian Arab Republic upon accession to the Convention on the Elimination of All Forms
of Discrimination against Women regarding article 2, article 9, paragraph 2, article
15, paragraph 4, article 16, paragraphs 1 (c), (d), (f) and (g) and article 16, paragraph
2.
The Government of Austria finds that the reservations to article 2, article 9, paragraph
2, article 15, paragraph 4, article 16, paragraphs 1 (c), (d), (f) and (g), if put
into practice, would inevitably result in discrimination against women on the basis
of sex. This is contrary to the object and purpose of the Convention.
The Government of Austria further considers that, in the absence of further clarification,
the reservation to article 16, paragraph 2, which refers to the contents of Islamic
Sharia, does not clearly specify the extent of the reservation and therefore raises
doubts as to the degree of commitment assumed by the Syrian Arab Republic in becoming
a party to the Convention.
The Government of Austria would like to recall that, according to article 28 (2) of
the Convention as well as 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.
It is in the common interest of States that treaties to which they have chosen to
become parties are respected as to their object and purpose, by all parties, and that
States are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties.
For these reasons, the Government of Austria objects to the aforementioned reservations
made by the Syrian Arab Republic to the Convention on the Elimination of All Forms
of Discrimination against Women.
This position, however, does not preclude the entry into force in its entirety of
the Convention between the Syrian Arab Republic and Austria.
Bezwaar Duitsland, 25-08-2003
The Government of the Federal Republic of Germany has examined the reservations made
by the Government of the Syrian Arab Republic to the Convention on the Elimination
of All Forms of Discrimination against Women in respect of Article 2; Article 9, paragraph
2; Article 15, paragraph 4; Article 16, paragraph 1 (c), (d), (f) and (g); and Article
16, paragraph 2.
The Government of the Federal Republic of Germany finds that the aforesaid reservations
would allow to limit the responsibilities of the reserving State with regard to essential
provisions of the Convention and therefore raise doubts as to the commitment assumed
by this State in acceding to the Convention.
Consequently, the Government of the Federal Republic of Germany considers that these
reservations are incompatible with the object and purpose of the Convention.
According to Article 28, paragraph 2 of the Convention reservations incompatible with
the object and purpose of the Convention shall not be permitted.
The Government of the Federal Republic of Germany therefore objects to the aforementioned
reservations made by the Government of the Syrian Arab Republic to the Convention
on the Elimination of All Forms of Discrimination against Women.
This objection does not preclude the entry into force of the Convention between the
Federal Republic of Germany and the Syrian Arab Republic.
Bezwaar Italië, 02-09-2003
The Government of Italy has examined the reservations made by the Government of the
Syrian Arab Republic at the time of its accession to the Convention on the Elimination
of All Forms of Discrimination against Women, regarding article 2, article 9, paragraph
2, article 15, paragraph 4, article 16, paragraph 1 (c), (d), (f) and (g), and article
16, paragraph 2.
The Government of Italy considers that the reservations to article 2, article 9, paragraph
2, article 15, paragraph 4, article 16, paragraph 1 (c), (d), (f) and (g) are incompatible
with the object and purpose of the above-mentioned Convention, as they contrast with
the commitment of all parties to an effective implementation of the basic principles
established in the Convention.
Furthermore, the Government of Italy underlines that the reservation with respect
to article 16, paragraph 2, of the Convention, concerning the Islamic Sharia of the
Syrian Arab Republic, may limit the responsibilities and obligations of the reserving
State under the Convention, and therefore raises serious doubts about the real extent
of the commitment undertaken by the Syrian Arab Republic at the time of its accession
to the Convention.
The Government of Italy recalls that, according to article 28, paragraph 2 of the
Convention, a reservation incompatible with the object and purpose of the Convention
shall not be permitted.
As a consequence, the Government of Italy objects to the above-mentioned reservations
made by the Syrian Arab Republic the Convention on the Elimination of All Forms of
Discrimination against Women.
This objection, however, shall not preclude the entry into force of the Convention
between the Government of Italy and the Syrian Arab Republic.
Bezwaar Roemenië, 03-12-2003
The Government of Romania has examined the reservations made by the Government of
the Syrian Arab Republic at the time of its accession to the Convention on the Elimination
of all Forms of Discrimination against Women, regarding article 2, article 9, paragraph
2, article 15, paragraph 4, article 16 paragraph 1 (c), (d), (f) and (g), and article
16 paragraph 2.
The Government of Romania considers that the reservations to article 2, article 9,
paragraph 2, article 15, paragraph 4, article 16 paragraph 1 (c), (d), (f) and (g),
article 16 paragraph 2, of the Convention on the Elimination of all Forms of Discrimination
against Women are incompatible with the object and purpose of the above-mentioned
Convention, taking into account the provisions of article 19 (c) of the Vienna Convention
on the Law of Treaties (1969).
As a consequence, the Government of Romania objects to the above-mentioned reservations
made by the Syrian Arab Republic to the Convention on the Elimination of all Forms
of Discrimination against Women.
This objection, however, shall not preclude the entry into force of the Convention
between the Government of Romania and the Syrian Arab Republic.
Bezwaar Griekenland, 04-03-2004
The Government of the Hellenic Republic has examined the reservations made by the
Government of the Syrian Arab Republic upon accession to the Convention on the Elimination
of All Forms of Discrimination against Women.
The Government of the Hellenic Republic is of the view that the reservation with respect
to article 2, which is a core provision of the Convention, is of a general character
and is, therefore, contrary to the object and purpose of the Convention.
It also considers that the reservation regarding article 16, paragraph 2 which contains
a reference to the provisions of the Islamic Shariah is of unlimited scope and is,
similarly, incompatible with the object and purpose of the Convention.
The Government of the Hellenic Republic recalls that according to article 28 paragraph
2 of the Convention, a reservation which is incompatible with the object and purpose
of the Convention shall not be permitted.
Consequently, the Government of the Hellenic Republic objects to the aforementioned
reservations made by the Government of the Syrian Arab Republic to the Convention
on the Elimination of All Forms of Discrimination against Women. This shall not preclude
the entry into force of the Convention between Syria and Greece.
Bezwaar Estland, 01-04-2004
The Government of Estonia has carefully examined the reservations made by the Government
of the Syrian Arab Republic to Article 2, paragraph 2 of Article 9, paragraph 4 of
Article 15 and to paragraphs 1 (c), (d), (f) and (g) of Article 16 of the Convention
on the Elimination of all Forms of Discrimination Against Women.
Article 2 of the Convention is one of the core articles of the Convention. By making
a reservation to this article, the Government of the Syrian Arab Republic is making
a reservation of general scope that renders the provisions of the Convention completely
ineffective. The Government of Estonia considers the reservation incompatible with
the object and purpose of the Convention.
The reservations to article 9, paragraph 2, article 15, paragraph 4 and article 16,
paragraphs 1 (c), (d), (f) and (g), if put into practice, would inevitably result
in discrimination against women on the basis of sex, which is contrary to the object
and purpose of the Convention. It should be borne in mind that the principles of equal
rights of men and women and of non-discrimination on the basis of sex are set forth
in the Charter of the United Nations as one of the purposes of the organisation, as
well as in the Universal Declaration of Human Rights of 1948.
The reservation to article 16, paragraph 2, makes a general reference to the Islamic
Shariah. The Government of Estonia is of the view that in the absence of further clarification,
this reservation which does not clearly specify the extent of the Syrian Arab Republic's
derogation from the provision in question raises serious doubts as to the commitment
of the Syrian Arab Republic to the object and purpose of the Convention.
The Government of Estonia recalls that according to article 28, paragraph 2 of the
Convention, a reservation incompatible with the object and purpose of the Convention
shall not be permitted.
The Government of Estonia therefore objects to the afore-mentioned reservation made
by the Government of the Syrian Arab Republic to the Convention.
This objection does not preclude the entry into force of the Convention between the
Syrian Arab Republic and Estonia. The Convention will thus become operative between
the two States without the Syrian Arab Republic benefiting from its reservations.
The Government of Estonia recommends the Government of the Syrian Arab Republic to
reconsider its reservations to the Convention on the Elimination of All Forms of Discrimination
Against Women.
Bezwaar Noorwegen, 05-04-2004
The Government of Norway has examined the reservations made by the Government of the
Syrian Arab Republic upon accession to the Convention on the Elimination of All Forms
of Discrimination Against Women regarding Article 2, Article 9, paragraph 2, Article
15, paragraph 4, Article 16, paragraph 1 (c), (d), (f) and (g) and Article 16, paragraph
2.
The said reservations, as they relate to core provisions of the Convention, render
the provisions of the Convention ineffective. Moreover, and due to the reference to
Islamic Sharia, it is not clearly defined for other States Parties to what extent
the reserving State has undertaken the obligations of the Convention. The Government
of Norway therefore objects to the aforesaid reservations made by the Government of
the Syrian Arab Republic.
This objection does not preclude the entry into force in its entirety of the Convention
between the Kingdom of Norway and the Syrian Arab Republic. The Convention thus becomes
operative between the Kingdom of Norway and the Syrian Arab Republic without the Syrian
Arab Republic benefiting from the aforesaid reservations.
Thailand
09-08-1985
Declaration:
The Royal Thai Government wishes to express its understanding that the purposes of
the Convention are to eliminate discrimination against women and to accord to every
person, men and women alike, equality before the law, and are in accordance with the
principles prescribed by the Constitution of the Kingdom of Thailand.
Reservation:
[...]
3. The Royal Thai Government does not consider itself bound by the provisions of [...]
article 29, paragraph 1, of the Convention.
Trinidad en Tobago
12-01-1990
The Republic of Trinidad and Tobago declares that it does not consider itself bound by article 29 (1) of the said Convention, relating to the settlement of disputes.
Tunesië
20-09-1985
1. General declaration:
The Tunisian Government declares that it shall not take any organizational or legislative
decision in conformity with the requirements of this Convention where such a decision
would conflict with the provisions of chapter I of the Tunisian Constitution.
2. Reservation concerning article 9, paragraph 2:
The Tunisian Government expresses its reservation with regard to the provisions in
article 9, paragraph 2 of the Convention, which must not conflict with the provisions
of chapter VI of the Tunisian Nationality Code.
3. Reservation concerning article 16, paragraphs (c), (d), (f), (g) and (h):
The Tunisian Government considers itself not bound by article 16, paragraphs (c),
(d) and (f) of the Convention and declares that paragraphs (g) and (h) of that article
must not conflict with the provisions of the Personal Status Code concerning the granting
of family names to children and the acquisition of property through inheritance.
4. Reservation concerning article 29, paragraph 1:
The Tunisian Government declares, in conformity with the requirements of article 29,
paragraph 2 of the Convention, that it shall not be bound by the provisions of paragraph
1 of that article which specify that any dispute between two or more States Parties
concerning the interpretation or application of the present Convention which is not
settled by negotiation shall be referred to the International Court of Justice at
the request of any one of those parties.
The Tunisian Government considers that such disputes should be submitted for arbitration
or consideration by the International Court of Justice only with the consent of all
parties to the dispute.
5. Declaration concerning article 15, paragraph 4:
In accordance with the provisions of the Vienna Convention on the Law of Treaties,
dated 23 May 1969, the Tunisian Government emphasizes that the requirements of article
15, paragraph 4, of the Convention on the Elimination of All forms of Discrimination
against Women, and particularly that part relating to the right of women to choose
their residence and domicile, must not be interpreted in a manner which conflicts
with the provisions of the Personal Status Code on this subject, as set forth in chapters
23 and 61 of the Code.
Bezwaar Zweden, 17-03-1986
The Government of Sweden considers that the reservations regarding article 9, paragraph
2, article 15, paragraph 4 and article 16, paragraph 1 (c), (d), (f), (g) and (h)
are incompatible with the object and purpose of the Convention (article 28, paragraph
2) and therefore objects to them.
Indeed the reservations in question, if put into practice, would inevitably result
in discrimination against women on the basis of sex, which is contrary to everything
the Convention stands for. It should also be borne in mind that the principles of
the equal rights of men and women and of non-discrimination on the basis of sex are
set forth in the Charter of the United Nations as one of its purposes, in the Universal
Declaration of Human Rights of 1948 and in various multilateral instruments, to which
Tunesia is a party.
[...]
In this context the Government of Sweden wishes to take this opportunity to make the
observation that the reason why reservations incompatible with the object and purpose
of a treaty are not acceptable is precisely that otherwise they would render a basic
international obligation of a contractual nature meaningless. Incompatible reservations,
made in respect of the Convention on the elimination of all forms of discrimination
against women, do not only cast doubts on the commitments of the reserving states
to the objects and purpose of this Convention, but moreover, contribute to undermine
the basis of international contractual 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 other parties.
Bezwaar Duitsland, 15-10-1986
In respect of reservations and some declarations formulated by the Government of Tunisia concerning article 9, paragraph 2 and article 16, as well as the declaration concerning article 15, paragraph 4, the Federal Republic of Germany also holds the view that the reservation made by Tunisia regarding article 7 of the Convention is likewise incompatible with the object and purpose of the Convention because for all matters which concern national security it reserves in a general and thus unspecific manner the right of the Tunisian Government to apply the provisions only within the limits established by national laws, regulations and practices.
Bezwaar Nederlanden, het Koninkrijk der, 23-07-1991
The Government of the Kingdom of the Netherlands considers that the reservations made
by Tunisia regarding article 9, paragraph 2, article 15, paragraph 4, and article
16, paragraph 1 (c), (d), (f), (g) and (h), are incompatible with the object and purpose
of the Convention (article 28, paragraph 2).
These objections shall not preclude the entry into force of the Convention as between
Tunisia and the Kingdom of the Netherlands.
17-04-2014
Withdrawal of the declaration with regard to article 15(4) of the Convention and
the
reservations to articles 9(2), 16 (c), (d), (f), (g), (h) and 29(1) of the Convention
made upon ratification.
Turkije
20-12-1985
[...] In pursuance of article 29, paragraph 2 of the Convention, the Government of
the Republic of Turkey declares that it does not consider itself bound by paragraph
1 of this article.
Venezuela
02-05-1983
Venezuela makes a formal reservation with regard to article 29, paragraph 1, of the Convention, since it does not accept arbitration or the jurisdiction of the International Court of Justice for the settlement of disputes concerning the interpretation or application of this Convention.
Verenigd Koninkrijk
07-04-1986
A. On behalf of the United Kingdom of Great Britain and Northern Ireland:
(a) The United Kingdom understands the main purpose of the Convention, in the light
of the definition contained in Article 1, to be the reduction, in accordance with
its terms, of discrimination against women, and does not therefore regard the Convention
as imposing any requirement to repeal or modify any existing laws, regulations, customs
or practices which provide for women to be treated more favourably than men, whether
temporarily or in the longer term; the United Kingdom's undertakings under Article
4, paragraph 1, and other provisions of the Convention are to be construed accordingly.
[...]
(c) In the light of the definition contained in Article 1, the United Kingdom's ratification
is subject to the understanding that none of its obligations under the Convention
shall be treated as extending to the succession to, or possession and enjoyment of,
the Throne, the peerage, titles of honour, social precedence or armorial bearings,
or as extending to the affairs of religious denominations or orders or any act done
for the purpose of ensuring the combat effectiveness of the Armed Forces of the Crown.
[...]
Article 9
The British Nationality Act 1981, which was brought into force with effect from January
1983, is based on principles which do not allow of any discrimination against women
within the meaning of Article 1 as regards acquisition, change or retention of their
nationality or as regards the nationality of their children. The United Kingdom's
acceptance of Article 9 shall not, how ever, be taken to invalidate the continuation
of certain temporary or transitional provisions which will continue in force beyond
that date.
[...]
Article 11
[...]
The United Kingdom reserves the right to apply all United Kingdom legislation and
the rules of pension schemes affecting retirement pensions, survivors' benefits and
other benefits in relation to death or retirement (including retirement on grounds
of redundancy), whether or not derived from a Social Security scheme.
This reservation will apply equally to any future legislation which may modify or
replace such legislation, or the rules of pension schemes, on the understanding that
the terms of such legislation will be compatible with the United Kingdom's obligations
under the Convention.
The United Kingdom reserves the right to apply the following provisions of United
Kingdom legislation concerning the benefits specified:
[...]
b) increases of benefits for adult dependants under sections 44 to 47, 49 and 66 of
the Social Security Act 1975 and under sections 44 to 47, 49 and 66 of the Social
Security (Northern Ireland) Act 1975;
[...]
The United Kingdom reserves the right to apply any non-discriminatory requirement
for a qualifying period of employment or insurance for the application of the provisions
contained in Article 11 (2).
Article 15
[...]
In relation to Article 15, paragraph 3, the United Kingdom understands the intention
of this provision to be that only those terms or elements of a contract or other private
instrument which are discriminatory in the sense described are to be deemed null and
void, but not necessarily the contract or instrument as a whole.
Article 16
As regards sub-paragraph 1 (f) of Article 16, the United Kingdom does not regard the
reference to the paramountcy of the interests of the children as being directly relevant
to the elimination of discrimination against women, and declares in this connection
that the legislation of the United Kingdom regulating adoption, while giving a principal
position to the promotion of the children's welfare, does not give to the child's
interests the same paramount place as in issues concerning custody over children.
[...]
B. On behalf of the Isle of Man, the British Virgin Islands, the Falkland Islands,
South Georgia and the South Sandwich Islands, and the Turks and Caicos Islands:
[Same reservations as the one made on behalf of the United Kingdom under paragraphs
A (a), (c), and (d) except that in the of case d) it applies to the territories and
their laws).]
Article 1
[Same reservation as the one made in respect of the United Kingdom except with regard
to the absence of a reference to United Kingdom legislation.]
Article 2
[Same reservation as the one made in respect of the United Kingdom except that reference
is made to the laws of the territories, and not the laws of the United Kingdom.]
Article 9
[Same reservation as the one made in respect of the United Kingdom.]
Article 11
[Same reservation as those made in respect of the United Kingdom except that a reference
is made to the laws of the territories, and not to the laws of the United Kingdom.]
Also, as far as the territories are concerned, the specific benefits listed and which
may be applied under the provisions of these territories' legislation are as follows:
a) social security benefits for persons engaged in caring for a severely disabled
person;
b) increases of benefit for adult dependants;
c) retirement pensions and survivors' benefits;
d) family income supplements.
This reservation will apply equally to any future legislation which may modify or
replace any of the provisions specified in sub-paragraphs (a) to (d) above, on the
understanding that the terms of such legislation will be compatible with the United
Kingdom's obligations under the Convention.
The United Kingdom reserves the right to apply any non-discriminatory requirement
for a qualifying period of employment or insurance for the application of the provisions
contained in Article 11 (2).
Article 15 and 16
[Same reservations as those made on behalf the United Kingdom.]
Bezwaar Argentinië, 04-04-1989
The Argentine Republic rejects the extension of the territorial application of the
Convention on the Elimination of all Forms of Discrimination against Women, adopted
by the United Nations General Assembly on 18 December 1979, to the Malvinas (Falkland)
Islands, South Georgia and the South Sandwich Islands, notified by the Government
of the United Kingdom of Great Britain and Northern Ireland upon its ratification
of that instrument on 7 April 1986.
The Argentine Republic reaffirms its sovereignty over the aforementioned archipelagos,
which are integral part of its national territory, and recalls that the United Nations
General Assembly has adopted resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12
and 39/6, in which a sovereignty dispute is recognized and the Governments of Argentina
and the United Kingdom are urged to resume negotiations in order to find as soon as
possible a peaceful and lasting solution to the dispute and their remaining differences
relating to this question, through the good offices of the Secretary-General. The
General Assembly has also adopted resolutions 40/21, 41/40, 42/19 and 43/25, which
reiterate its request to the parties to resume such negotiations.
27-11-1989
The Government of the United Kingdom of Great Britain and Northern Ireland reject the statement made by the Government of Argentina on 4 April 1989 regarding the Falkland Islands and South Georgia and the South Sandwich Islands. The Government of the United Kingdom of Great Britain and Northern Ireland have no doubt as to the British sovereignty of the Falkland Islands and South Georgia and the South Sandwich Islands, and their consequent right to extend treaties to those Territories.
22-03-1996
[...]
By the same communication, the Government of the United Kingdom also informed the
Secretary-General "for the avoidance of doubt, that the declarations and reservations
entered in respect of the dependent territories on behalf of which the Convention
was also ratified on 7 April 1986 continue to apply, but are under active review.
16-03-2016
The Cayman Islands reserves the right to continue to apply such immigration legislation governing entry into, stay in, and departure from, the Cayman Islands as it may deem necessary from time to time and, accordingly, its acceptance of Article 15 (4) and of the other provisions of the Convention is subject to the provisions of any such legislation as regards persons not at the time having the right under the laws of the Cayman Islands to enter and remain in the Cayman Islands.
16-03-2017
I have the honour to refer to the extension of the ratification by the United Kingdom
of Great Britain and Northern Ireland of the Convention on the Elimination of All
Forms of Discrimination against Women (‘the Convention’) to the territory of Bermuda.
I have the further honour to inform you that the Government of Bermuda expresses its
consent to be bound by the Convention, subject to the same declarations and reservations
as those made in respect of the United Kingdom of Great Britain and Northern Ireland,
except that they apply to the territory and its laws, and subject to the additional
Reservations below.
The Government of Bermuda regards the Bermuda Constitution and the Human Rights Act
1981 as embodying the principle of equality of men and women as prescribed by Article
2 of the Convention. The Constitution enshrines the fundamental rights and freedoms
of every person whatever that persons race, place of origin, political opinions, colour,
creed or sex, and the Human Rights Act 1981 recognizes the inherent dignity and the
equal and inalienable rights of all members of the human family and makes better provision
to affirm these rights and freedoms and to protect the rights of all members of the
community.
In the light of the definition contained in Article 1 of the Convention, the extension
of the ratification of the Government of the United Kingdom of Great Britain and Northern
Ireland on behalf of Bermuda is subject to the understanding that none of Bermuda`s
obligations under the Convention shall be treated as extending to the affairs of religious
denominations or orders or [this part of the declaration has been withdrawn on 16-04-2019].
As it may deem necessary from time to time, the Government of Bermuda reserves the
right to apply Article 15 (4) and other provisions of the Convention, subject to section
11 (2) (d) and 11 (5) (c) of the Bermuda Constitution and section 27A of the Bermuda
Immigration and Protection Act 1956.
Section 11 (2) (d) of the Constitution imposes restrictions on the movement or residence
within Bermuda of any person who does not belong to Bermuda. Under section 11 (5)
(c) a foreign national wife belongs to Bermuda if, by decree of a court or a deed
of separation, she does not live apart from a husband who possesses Bermudian status,
or a husband who has been granted a certificate of naturalization. However, section
11 (5) (c) does not apply to the foreign national husband of a wife who possesses
Bermudian status. Section 27A of the Bermuda Immigration and Protection Act 1956 provides
for an additional condition to apply to the foreign national husband of a wife who
possesses Bermudian status in order for him to remain and reside in Bermuda, i.e.
that he has no relevant conviction.
16-02-2021
General
(a) The Bailiwick of Jersey understands the main purpose of the Convention, in the
light of the definition contained in Article 1, to be the reduction, in accordance
with its terms, of discrimination against women, and does not therefore regard the
Convention as imposing any requirement to repeal or modify any existing laws, regulations,
customs or practices which provide for women to be treated more favourably than men,
whether temporarily or in the longer term; the Bailiwick of Jersey’s undertakings
under Article 4, paragraph 1, and other provisions of the Convention are to be construed
accordingly.
(c) In the light of the definition contained in Article 1, the extension of the ratification
of the United Kingdom of Great Britain and Northern Ireland on behalf of the Bailiwick
of Jersey is subject to the understanding that none of the Bailiwick of Jersey’s obligations
under the Convention shall be treated as extending to the succession to, or possession
and enjoyment of, the Throne, the peerage, titles of honour, social precedence or
armorial bearings, or as extending to the affairs of religious denominations or orders
or any act done for the purpose of ensuring the combat effectiveness of the Armed
Forces of the Crown.
Article 9
The British Nationality Act 1981, which was brought into force with effect from January
1983, is based on principles which do not allow of any discrimination against women
within the meaning of Article 1 as regards acquisition, change or retention of their
nationality or as regards the nationality of their children. The Bailiwick of Jersey’s
acceptance of Article 9 shall not, however, be taken to invalidate the continuation
of certain temporary or transitional provisions which will continue in force beyond
that date.
Article 11
The Bailiwick of Jersey reserves the right to apply all Jersey legislation and the
rules of pension schemes affecting retirement pensions, survivors’ benefits and other
benefits in relation to death or retirement (including retirement on grounds of redundancy),
whether or not derived from a Social Security scheme.
This reservation will apply equally to any future legislation which may modify or
replace such legislation, or the rules of pension schemes, on the understanding that
the terms of such legislation will be compatible with the Bailiwick of Jersey’s obligations
under the Convention.
The Bailiwick of Jersey reserves the right to apply any non-discriminatory requirement
for a qualifying period of employment or insurance for the application of the provisions
contained in Article 11(2).
Article 13
The Bailiwick of Jersey reserves the right, notwithstanding the obligations undertaken
in Article 13, or any other relevant article of the Convention, to continue to apply
income tax legislation, pending proposed changes to these arrangements, which:
i) Deems for income tax purposes the income of a married person living with their
spouse in a year, or part of a year, of assessment to be the spouse’s income and not
that of the married person (subject to the right of either the married person or spouse
to elect for separate assessment); and
ii) Requires tax in respect of such income of such a married person to be assessed
on their spouse (subject to the right of either the married person or their spouse
to apply for separate assessment) and consequently if no such application is made
restricts to the spouse the right to appeal against any such assessment and to be
heard or to be represented at the hearing of any such appeal.
Article 15
In relation to Article 15, paragraph 3, the Bailiwick of Jersey understands the intention
of this provision to be that only those terms or elements of a contract or other private
instrument which are discriminatory in the sense described are to be deemed null and
void, but not necessarily the contract or instrument as a whole.
The Bailiwick of Jersey reserves the right, notwithstanding the obligations undertaken
in Article 15, paragraph 4, or any other relevant article of the Convention, to continue
to apply the customary rule of law whereby a wife takes her husband’s domicile, pending
the planned abolition of this law.
Article 16
The Bailiwick of Jersey reserves the right, notwithstanding the obligations undertaken
in Article 16, paragraph 1(h), to continue to apply the customary rule of law whereby
where a person dies intestate, with no issue, the distribution of immovable property
may favour the paternal side of the family pending the abolition of this law, and
noting that the abolition of vidute and changes to the rights of dower do not apply
in relation to the estate of a person who died before 1 September 1993.
Verenigde Arabische Emiraten
06-10-2004
[...]
Article 2 (f)
The United Arab Emirates, being of the opinion that this paragraph violates the rules
of inheritance established in accordance with the precepts of the Shariah, makes a
reservation thereto and does not consider itself bound by the provisions thereof.
Article 9
The United Arab Emirates, considering the acquisition of nationality an internal matter
which is governed, and the conditions and controls of which are established, by national
legislation makes a reservation to this article and does not consider itself bound
by the provisions thereof.
Article 15 (2)
The United Arab Emirates, considering this paragraph in conflict with the precepts
of the Shariah regarding legal capacity, testimony and the right to conclude contracts,
makes a reservation to the said paragraph of the said article and does not consider
itself bound by the provisions thereof.
Article 16
The United Arab Emirates will abide by the provisions of this article insofar as they
are not in conflict with the principles of the Shariah. The United Arab Emirates considers
that the payment of a dower and of support after divorce is an obligation of the husband,
and the husband has the right to divorce, just as the wife has her independent financial
security and her full rights to her property and is not required to pay her husband's
or her own expenses out of her own property. The Shariah makes a woman's right to
divorce conditional on a judicial decision, in a case in which she has been harmed.
Article 29 (1)
The United Arab Emirates appreciates and respects the functions of this article, which
provides: "Any dispute between two or more States Parties concerning the interpretation
or application of the present Convention which is not settled by negotiation shall,
at the request of one of them, be submitted to arbitration. If within six months [...]
the parties are unable..." [any one of those parties] "may refer the dispute to the
International Court of Justice [...]" This article, however, violates the general
principle that matters are submitted to an arbitration panel by agreement between
the parties. In addition, it might provide an opening for certain States to bring
other States to trial in defence of their nationals; the case might then be referred
to the committee charged with discussing the State reports required by the Convention
and a decision might be handed down against the State in question for violating the
provisions of the Convention. For these reasons the United Arab Emirates makes a reservation
to this article and does not consider itself bound by the provisions thereof.
Bezwaar Nederlanden, het Koninkrijk der, 31-05-2005
The Government of the Netherlands has examined the reservation made by the United
Arab Emirates to the Convention on the Elimination of All Forms of Discrimination
against Women.
The application of the Articles 2(f), 15(2) and 16 of the Convention on the Elimination
of All Forms of Discrimination against Women has been made subject to religious considerations.
This makes it unclear to what extent the United Arab Emirates considers itself bound
by the obligations of the treaty and therefore raises concerns as to the commitment
of the United Arab Emirates to the object and purpose of the Convenant.
It is of the common interest of States that all parties respect treaties to which
they have chosen to become parties and that States are prepared to undertake any legislative
changes necessary to comply with their obligations under the treaties. According to
customary international law, as codified in the Vienna Convention on the Law of Treaties,
a reservation which is incompatible with the object and purpose of a treaty shall
not be permitted (Art. 19 c).
The Government of the Netherlands therefore objects to the reservation made by the
United Arab Emirates to the Convention on the Elimination of All Forms of Discrimination
against Women.
This objection shall not preclude the entry into force of the Convenant between the
United Arab Emirates and the Kingdom of the Netherlands, without the United Arab Emirates
benefiting from its reservation.
Bezwaar Verenigd Koninkrijk, 17-08-2005
The Government of the United Kingdom have examined the reservations made by the Government
of United Arab Emirates to the Convention on the Elimination of all Forms of Discrimination
against Women (New York, 18 December 1979) on 9 September 2004 in respect of Articles
2(f),15(2), and 16 on the applicability of Sharia law.
The Government of the United Kingdom note 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 Government of the United Kingdom
therefore object to the aforesaid reservations made by the Government of the United
Arab Emirates.
This objection shall not preclude the entry into force of the Convention between the
United Kingdom of Great Britain and Northern Ireland and the United Arab Emirates.
Bezwaar Letland, 04-10-2005
The Government of the Republic of Latvia has carefully examined the reservations made
by the United Arab Emirates to the Convention on the Elimination of All Forms of Discrimination
against Women upon accession to the Convention regarding Article 2 (f), Article 15
(2), and Article 16 thereof.
The Government of the Republic of Latvia considers that the reservations made by the
United Arab Emirates contain general reference to national law without making specific
reference to the extent of the obligations the United Arab Emirates are accepting.
Moreover, the Government of the Republic of Latvia is of the opinion that these reservations
contradict to the object and purpose of the Convention and in particular to obligation
all States Parties to pursue by all appropriate means and without delay a policy of
eliminating discrimination against women.
The Government of the Republic of Latvia recalls Part VI, Article 28 of the Convention
setting out that reservations incompatible with the object and purpose of the Convention
are not permitted.
The Government of the Republic of Latvia therefore objects to the aforesaid reservations
made by the United Arab Emirates to the Convention on the Elimination of All Forms
of Discrimination against Women.
However, this objection shall not preclude the entry into force of the Convention
between the Republic of Latvia and the United Arab Emirates.
Bezwaar Griekenland, 04-10-2005
The Government of the Hellenic Republic have examined the reservations made by the
Government of the United Arab Emirates upon accession to the Convention on the Elimination
of All Forms of Discrimination against Women (New York, 18 December 1979).
The Government of the Hellenic Republic consider that the reservations in respect
of Articles 2 (f), which is a core provision of the above Convention, 15 paragraph
2 and 16, all containing a reference to the provisions of the Islamic Shariah, are
of unlimited scope and, therefore, incompatible with the object and purpose of the
Convention.
The Government of the Hellenic Republic recall that, according to Article 28 paragraph
2 of the Convention, a reservation incompatible with the object and purpose of the
Convention shall not be permitted.
Consequently, the Government of the Hellenic Republic object to the aforementioned
reservations made by the Government of the United Arab Emirates. This objection shall
not preclude the entry into force of the Convention between Greece and the United
Arab Emirates.
Bezwaar Oostenrijk, 05-10-2005
The Government of Austria has examined the reservation made by the Government of the
United Arab Emirates upon accession to the Convention on the Elimination of All Forms
of Discrimination against Women regarding articles 2 (f), 9, 15 (2), 16 and 29 (1).
The Government of Austria finds that the reservations to article 2 (f), article 9,
article 15 (2) and article 16, if put into practice, would inevitably result in discrimination
against women on the basis of sex. This is contrary to the object and purpose of the
Convention.
The Government of Austria would like to recall that, according to article 28 (2) of
the Convention as well as 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.
It is in the common interest of States that treaties to which they have chosen to
become parties are respected as to their object and purpose, by all parties, and that
States are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties.
For these reasons, the Government of Austria objects to the aforementioned reservations
made by the United Arab Emirates to the Convention on the Elimination of All Forms
of Discrimination against Women.
This position, however, does not preclude the entry into force in its entirety of
the Convention between the United Arab Emirates and Austria.
Bezwaar Zweden, 05-10-2005
The Government of Sweden has examined the reservations made by United Arab Emirates
upon acceding to the Convention on the Elimination of All Forms of Discrimination
Against Women, regarding Article 2 (f), 9, 15 (2) and 16.
The Government of Sweden notes that the said articles are being made subject to reservations
referring to national legislation and Sharia principles.
The Government of Sweden is of the view that these reservations which do not clearly
specify the extent of the United Arab Emirates' derogation from the provisions in
question raises serious doubts as to the commitment of the United Arab Emirates to
the object and purpose of the Convention. The reservations in question, if put into
practice, would inevitably result in discrimination against women on the basis of
sex, which is contrary to the object and purpose of the Convention. It should be borne
in mind that the principles of the equal rights of women and men and of non-discrimination
on the basis of sex are set forth in the Charter of the United Nations as one of the
purposes of the organization, as well as in the declaration of Human Rights of 1948.
According to article 28 (2) of the Convention, and to international customary law
as codified in the Vienna convention on the Law of the Treaties, reservations incompatible
with the object and purpose of the Convention shall not be permitted. It is in the
common interest of States that treaties to which they have chosen to become parties
are respected as to their object and purpose, by all parties, and that States are
prepared to undertake any legislative changes necessary to comply with their obligations
under the treaties.
The Government of Sweden therefore objects to the aforesaid reservations made by the
Government of the United Arab Emirates to the Convention on the Elimination of All
Forms of Discrimination Against Women and considers them null and void.
This objection shall not preclude the entry into force of the Convention between the
United Arab Emirates and Sweden. The convention enters into force in its entirety
between the two States, without the United Arab Emirates benefiting from its reservations.
Bezwaar Spanje, 06-10-2005
The Government of the Kingdom of Spain has examined the reservations entered by the
Government of the United Arab Emirates to article 2, subparagraph (f); article 9;
article 15, paragraph 2; and article 16 of the Convention on the Elimination of All
Forms of Discrimination against Women upon its accession to that instrument on 6 October
2004.
The Government of the Kingdom of Spain considers that these reservations are incompatible
with the object and purpose of the Convention, since they are intended to exempt the
United Arab Emirates from obligations relating to essential aspects of the Convention:
one of a general nature, namely the adoption of measures, including legislation, to
eliminate all forms of discrimination against women (article 2, subparagraph (f)),
and others concerning specific forms of discrimination in relation to nationality
(article 9), legal capacity in civil matters (article 15, paragraph 2) and marriage
and family relations (article 16).
The Government of the Kingdom of Spain recalls that, under article 28, paragraph 2,
of the Convention, reservations incompatible with the object and purpose of the Convention
are not permitted.
Moreover, the reservation to article 16 of the Convention makes a general reference
to the principles of Islamic law without specifying their content, with the result
that the other States parties cannot precisely determine the extent to which the Government
of the United Arab Emirates accepts the obligations set out in article 16 of the Convention.
Accordingly, the Government of the Kingdom of Spain objects to the reservations entered
by the Government of the United Arab Emirates to article 2, subparagraph (f); article
9; article 15, paragraph 2; and article 16 of the Convention on the Elimination of
All Forms of Discrimination against Women.
This objection shall not preclude the entry into force of the Convention between the
Kingdom of Spain and the United Arab Emirates.
Bezwaar Duitsland, 09-11-2005
The Government of the Federal Republic of Germany has carefully examined the reservations
made by the Government of the United Arab Emirates upon accession to the International
Convention on the Elimination of All Forms of Discrimination Against Women. It is
of the opinion that from the reservations to Article 2 (f), Article 15 (2) and Article
16, which give a specific legal system, the Islamic Sharia, precedence as a rule over
the provisions of the Convention, it is unclear to what extent the UAE feels bound
by the obligations of the Convention.
Moreover, the reservations to Article 9 (2) and Article 15 (2) would in practice result
in a legal situation that discriminated against women, which would not be compatible
with the object and purpose of the Convention.
Pursuant to Article 28 (2) of the Convention, reservations that are incompatible with
the object and purpose of the present Convention shall not be permitted.
The Government of the Federal Republic of Germany therefore objects to the above-mentioned
reservations made by the Government of the United Arab Emirates to the Convention
on the Elimination of All Forms of Discrimination Against Women. This objection shall
not preclude the entry into force of the Convention between the Federal Republic of
Germany and the United Arab Emirates.
Bezwaar Finland, 15-11-2005
The Government of Finland has carefully examined the contents of the reservations
made by the Government of the United Arab Emirates to paragraph (f) of Article 2,
Article 9, paragraph (2) of Article 15 and Article 16 of the Convention on the Elimination
of all Forms of Discrimination Against Women,
The Government of Finland recalls that by acceding to the Convention, a State commits
itself to adopt the measures required for the elimination of discrimination, in all
its forms and manifestations, against women.
The Government of Finland notes that a reservation which consists of a general reference
to religious or other national law without specifying its contents does not clearly
define to other Parties to the Convention the extent to which the reserving State
commits itself to the Convention and creates serious doubts as to the commitment of
the receiving State to fulfil its obligations under the Convention. Such reservations
are, furthermore, 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.
The Government of Finland notes that the reservations made by the United Arab Emirates,
addressing some of the most essential provisions of the Convention, and aiming to
exclude the obligations under those provisions, are in contradiction with the object
and purpose of the Convention.
The Government of Finland also recalls Part VI, Article 28 of the Convention according
to which reservations incompatible with the object and purpose of the Convention are
not permitted.
The Government of Finland therefore objects to the above-mentioned reservations made
by the Government of the United Arab Emirates to the Convention. This objection does
not preclude the entry into force of the Convention between the United Arab Emirates
and Finland. The Convention will thus become operative between the two states without
the United Arab Emirates benefiting from its reservations.
Bezwaar Frankrijk, 18-11-2005
The Government of the French Republic has examined the reservations formulated by the United Arab Emirates upon accession to the Convention on the Elimination of All Forms of Discrimination against Women, of 18 December 1979, according to which the United Arab Emirates, on the one hand, does not consider itself bound by the provisions of article 2 (f) and article 15, paragraph 2, because they are contrary to the sharia and, on the other, states that it will abide by the provisions of article 16 insofar as they are not in conflict with the principles of the sharia. The Government of the French Republic considers that, by precluding the application of these provisions, or by making it subject to the principles of the sharia, the United Arab Emirates is formulating reservations with a general scope depriving the provisions of the Convention of any effect. The Government of the French Republic considers that these reservations are contrary to the object and purpose of the Convention and enters an objection thereto. The Government of the French Republic also objects to the reservation formulated to article 9. These objections shall not preclude the entry into force of the Convention between France and the United Arab Emirates.
Bezwaar Polen, 28-11-2005
The Government of the Republic of Poland has examined the reservations made by the
United Arab Emirates upon accession to the Convention on the Elimination of All Forms
of Discrimination against Women, adopted by the General Assembly of the United Nations
on December 18, 1979, hereinafter called the Convention, regarding articles 2 (f),
9, 15 (2) and 16.
The Government of the Republic of Poland considers that the reservations made by the
United Arab Emirates are incompatible with the object and purpose of the Convention
which guarantees equal rights of women and men to exercise their economic, social,
cultural, civil and political rights. The Government of the Republic of Poland therefore
considers that, according to the customary international law as codified in the Vienna
Convention on the Law of Treaties (article 19 (c)), done at Vienna on 23 May 1969,
as well as article 28 (2) of the Convention on the Elimination of All Forms of Discrimination
against Women, reservations incompatible with the object and purpose of a treaty shall
not be permitted.
The Government of the Republic of Poland therefore objects to the aforementioned reservations
made by the United Arab Emirates upon accession to the Convention on the Elimination
of All Forms of Discrimination against Women, adopted by the General Assembly of the
United Nations on 18 December 1979, regarding articles 2 (f), 9, 15 (2) and 16.
This objection does not preclude the entry into force of the Convention between the
Republic of Poland and the United Arab Emirates.
Bezwaar Portugal, 28-11-2005
The Portuguese Government has carefully examined the reservations made by the United
Arab Emirates upon its accession to the Convention on the Elimination of All Forms
of Discrimination Against Women (CEDAW).
Most of these reservations concern fundamental provisions of the Convention, such
as articles 2 (f), 9, 15 (2) and 16, since they outline the measures which a State
Party is required to take in order to implement the Convention, cover the fundamental
rights of women and deal with the key elements for the elimination of discrimination
against women.
Portugal considers that such reservations, consisting of references to the precepts
of the Shariah and to national legislation, create serious doubts as to the commitment
of the reserving State to the object and purpose of the Convention and to the extent
it has accepted the obligations imposed by it and, moreover, contribute to undermining
the basis of international law.
It is in the common interest of all States that treaties to which they have chosen
to become parties are respected as to their object and purpose by all parties and
that States are prepared to undertake any legislative changes necessary to comply
with their obligations under these treaties.
The Government of the Portuguese Republic, therefore, objects to the above reservations
made by the United Arab Emirates to the CEDAW.
This objection shall not preclude the entry into force of the Convention between Portugal
and the United Arab Emirates.
Bezwaar Noorwegen, 01-12-2005
The Government of the Kingdom of Norway has examined the reservations made by the
Government of the United Arab Emirates on 6 October 2004 on accession to the Convention
on the Elimination of All Forms of Discrimination against Women (New York, 18 December
1979) in respect of articles 2 (f); 9; 15 (c) and 16.
The Government of the Kingdom of Norway is of the view that the reservation in respect
of article 2 (f), which is a core provision of the above Convention, taken together
with the reservations in respect of articles 9, 15 (c) and 16, raise doubts as to
the full commitment of the United Arab Emirates to the object and purpose of the Convention
on the Elimination of All Forms of Discrimination against Women and would like to
recall that, according to article 28 (2) of the Convention, a reservation incompatible
with the object and purpose of the present Convention shall not be permitted.
The Government of the Kingdom of Norway therefore objects to the aforesaid reservations
made by the Government of the United Arab Emirates to the Convention on the Elimination
of All Forms of Discrimination against Women. This objection does not preclude the
entry into force, in its entirety, of the Convention between the Kingdom of Norway
and the United Arab Emirates, without the United Arab Emirates benefiting from these
reservations.
Bezwaar Denemarken, 14-12-2005
The Government of Denmark has examined the reservations made by the Government of
the United Arab Emirates upon accession to the Convention on the Elimination of All
Forms of Discrimination against Women regarding article 2 (f), 15 (2) and 16 pertaining
to Shariah principles.
The Government of Denmark considers that the reservations made by the United Arab
Emirates to article 2 (f), 15 (2) and 16 referring to the contents of the Shariah
Law do not clearly specify the extent to which the United Arab Emirates feel committed
to the object and purpose of the Convention. Consequently, the Government of Denmark
considers the said reservations as being incompatible with the object and purpose
of the Convention. Consequently, the Government of Denmark considers the said reservations
as being incompatible with the object and purpose of the Convention and accordingly
inadmissible and without effect under international law.
The Government of Denmark wishes to recall that, according to article 28 (2) of the
Convention reservations incompatible with the object and purpose of the Convention
shall not be permitted.
The Government of Denmark therefore objects to the aforementioned reservations made
by the Government of the United Arab Emirates to the Convention on the Elimination
of All Forms of Discrimination against Women. This shall not preclude the entry into
force of the Convention in its entirety between the United Arab Emirates and Denmark.
The Government of Denmark recommends the Government of the United Arab Emirates to
reconsider its reservations to the Convention on the Elimination of All Forms of Discrimination
against Women.
Vietnam
17-02-1982
In implementing this Convention, the Socialist Republic of Viet Nam will not be bound by the provisions of paragraph 1 article 29.
Zuid-Korea
25-05-1983
1. [...]
2. Bearing in mind the fundamental principles as embodied in the said Convention,
the Government of the Republic of Korea has recently established the Korea Women's
welfare and social activities. A committee under the chairmanship of the prime minister
will shortly be set up to consider and coordinate overall policies on women.
3. The Government of the Republic of Korea will make continued efforts to take further
measures in line with the provisions stipulated in the Convention.
27-12-1984
The Government of the Republic of Korea, having examined the said Convention, hereby ratifies the Convention considering itself not bound by the provisions of [...] and sub-paragraph [...] (g) of paragraph 1 of article 16 of the Convention.
Bezwaar Mexico, 06-06-1985
The Government of the United Mexican States has studied the content of the reservations
made by Republic of Korea to [...] and article 16, paragraph 1 [...] and (g) of the
Convention and has concluded that they should be considered invalid in the light of
article 28, paragraph 2, of the Convention, because they are incompatible with its
object and purpose.
Indeed, these reservations, if implemented, would inevitably result in discrimination
against women on the basis of sex, which is contrary to all the articles of the Convention.
The principles of equal rights of men and women and non-discrimination on the basis
of sex, which are set forth in the Charter of the United Nations as one of its purposes
in the Universal Declaration of Human Rights of 1948 and in various multilateral instruments,
have already become general principals of international law which apply to the international
community, to which the Republic of Korea belongs.
The objection of the Government of the United Mexican States to the reservations in
question should not be interpreted as an impediment to the entry into force of the
1979 Convention between the United Mexican States and Republic of Korea.
Bezwaar Duitsland, 10-07-1985
The Federal Republic of Germany considers that the reservations made by the Republic of Korea regarding [...] and article 16, paragraph 1 [...] and (g), are incompatible with the object and purpose of the Convention (article 28, paragraph 2) and therefore objects to them. In relation to the Federal Republic of Germany, they may not be invoked in support of a legal practice which does not pay due regard to the legal status afforded to women and children in the Federal Republic of Germany in conformity with the above-mentioned articles of the Convention. This objection shall not preclude the entry into force of the Convention as between the Republic of Korea and the Federal Republic of Germany.
Bezwaar Zweden, 17-03-1986
he Government of Sweden considers that the reservations regarding [...] and article
16, paragraph 1 [...] and (g) are incompatible with the object and purpose of the
Convention (article 28, paragraph 2) and therefore objects to them.
In this context the Government of Sweden wishes to take this opportunity to make the
observation that the reason why reservations incompatible with the object and purpose
of a treaty are not acceptable is precisely that otherwise they would render a basic
international obligation of a contractual nature meaningless. Incompatible reservations,
made in respect of the Convention on the elimination of all forms of discrimination
against women, do not only cast doubts on the commitments of the reserving states
to the objects and purpose of this Convention, but moreover, contribute to undermine
the basis of international contractual 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 other parties.
Bezwaar Nederlanden, het Koninkrijk der, 23-07-1991
The Government of the Kingdom of the Netherlands considers that the reservations made
by the Republic of Korea regarding [...] and article 16, paragraph 1 [...] and (g),
are incompatible with the object and purpose of the Convention (article 28, paragraph
2).
These objections shall not preclude the entry into force of the Convention as between
the Republic of Korea and the Kingdom of the Netherlands.
Zwitserland
27-03-1997
[...]
(c) Reservation concerning article 15, paragraph 2, and article 16, paragraph 1 (h):
Said provisions shall be applied subject to several interim provisions of the matrimonial
regime (Civil Code, articles 9 (e) and 10, final section).