Verdrag inzake de rechten van personen met een handicap

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Titel Verdrag inzake de rechten van personen met een handicap
Nummer 011595
Datum totstandkoming 13 december 2006
Plaats totstandkoming New York
Inwerkingtreding 3 mei 2008
Tractatenblad 2007-169
Geconsolideerde tekst 0004045

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Koninkrijk
Land Voorlopige toepassing Inwerkingtreding Buitenwerkingtreding
Nederland      
- in Europa
- Bonaire
- Sint Eustatius
- Saba
Aruba
Curaçao
Sint Maarten

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Partijen
Partij Onder-tekening Ratificatie Type In werking Voorbehoud / verklaring Bezwaren Buiten werking
Albanië 22 december 2009 Nee Nee
Algerije 30 maart 2007 4 december 2009 R 3 januari 2010 Nee Nee
Andorra 27 april 2007 Nee Nee
Antigua en Barbuda 30 maart 2007 Nee Nee
Argentinië 30 maart 2007 2 september 2008 R 2 oktober 2008 Nee Nee
Armenië 30 maart 2007 22 september 2010 R 22 oktober 2010 Nee Nee
Australië 30 maart 2007 17 juli 2008 R 16 augustus 2008 Ja Nee
Azerbeidzjan 9 maart 2008 28 januari 2009 R 27 februari 2009 Ja Ja
Bahrein 25 juni 2007 22 september 2011 R 22 oktober 2011 Nee Nee
Bangladesh 9 mei 2007 30 november 2007 R 3 mei 2008 Nee Nee
Barbados 19 juli 2007 Nee Nee
België 30 maart 2007 2 juli 2009 R 1 augustus 2009 Ja Nee
Belize 9 mei 2011 2 juni 2011 R 2 juli 2011 Nee Nee
Benin 8 februari 2008 Nee Nee
Bhutan 21 september 2010 Nee Nee
Bolivia 13 augustus 2007 16 november 2009 R 16 december 2009 Nee Nee
Bosnië en Herzegovina 29 juli 2009 12 maart 2010 R 11 april 2010 Nee Nee
Brazilië 30 maart 2007 1 augustus 2008 R 31 augustus 2008 Nee Nee
Brunei 18 december 2007 Nee Nee
Bulgarije 27 september 2007 22 maart 2012 R 21 april 2012 Nee Nee
Burkina Faso 23 mei 2007 23 juli 2009 R 22 augustus 2009 Nee Nee
Burundi 26 april 2007 Nee Nee
Cambodja 1 oktober 2007 Nee Nee
Canada 30 maart 2007 11 maart 2010 R 10 april 2010 Ja Nee
Centraal-Afrikaanse Republiek 9 mei 2007 Nee Nee
Chili 30 maart 2007 29 juli 2008 R 28 augustus 2008 Nee Nee
China 30 maart 2007 1 augustus 2008 R 31 augustus 2008 Ja Nee
Colombia 30 maart 2007 10 mei 2011 R 9 juni 2011 Nee Nee
Comoren 26 september 2007 Nee Nee
Congo, Republiek 30 maart 2007 Nee Nee
Cookeilanden 8 mei 2009 T 7 juni 2009 Nee Nee
Costa Rica 30 maart 2007 1 oktober 2008 R 31 oktober 2008 Nee Nee
Cuba 26 april 2007 6 september 2007 R 3 mei 2008 Nee Nee
Cyprus 30 maart 2007 27 juni 2011 R 27 juli 2011 Ja Nee
Denemarken 30 maart 2007 24 juli 2009 R 23 augustus 2009 Nee Nee
Dominica 30 maart 2007 Nee Nee
Dominicaanse Republiek 30 maart 2007 18 augustus 2009 R 17 september 2009 Nee Nee
Duitsland 30 maart 2007 24 februari 2009 R 26 maart 2009 Nee Nee
Ecuador 30 maart 2007 3 april 2008 R 3 mei 2008 Nee Nee
Egypte 4 april 2007 14 april 2008 R 14 mei 2008 Ja Nee
El Salvador 30 maart 2007 14 december 2007 R 3 mei 2008 Ja Ja
Estland 25 september 2007 Nee Nee
Ethiopië 30 maart 2007 7 juli 2010 R 6 augustus 2010 Nee Nee
EU (Europese Unie) 30 maart 2007 Ja Nee
Fiji 2 juni 2010 Nee Nee
Filipijnen 25 september 2007 15 april 2008 R 15 mei 2008 Nee Nee
Finland 30 maart 2007 Nee Nee
Frankrijk 30 maart 2007 18 februari 2010 R 20 maart 2010 Ja Nee
Gabon 30 maart 2007 1 oktober 2007 R 3 mei 2008 Nee Nee
Georgië 10 juli 2009 Nee Nee
Ghana 30 maart 2007 Nee Nee
Grenada 12 juli 2010 Nee Nee
Griekenland 30 maart 2007 Nee Nee
Guatemala 30 maart 2007 7 april 2009 R 7 mei 2009 Ja Nee
Guinee 16 mei 2007 8 februari 2008 R 3 mei 2008 Nee Nee
Guyana 11 april 2007 Nee Nee
Haïti 23 juli 2009 T 22 augustus 2009 Nee Nee
Honduras 30 maart 2007 14 april 2008 R 14 mei 2008 Nee Nee
Hongarije 30 maart 2007 20 juli 2007 R 3 mei 2008 Nee Nee
Ierland 30 maart 2007 Nee Nee
IJsland 30 maart 2007 Nee Nee
India 30 maart 2007 1 oktober 2007 R 3 mei 2008 Nee Nee
Indonesië 30 maart 2007 30 november 2011 R 30 december 2011 Nee Nee
Iran 23 oktober 2009 T 22 november 2009 Ja Ja
Israël 30 maart 2007 Nee Nee
Italië 30 maart 2007 15 mei 2009 R 14 juni 2009 Nee Nee
Ivoorkust 7 juni 2007 Nee Nee
Jamaica 30 maart 2007 30 maart 2007 R 3 mei 2008 Nee Nee
Japan 28 september 2007 Nee Nee
Jemen 30 maart 2007 26 maart 2009 R 25 april 2009 Nee Nee
Jordanië 30 maart 2007 31 maart 2008 R 3 mei 2008 Nee Nee
Kaapverdië 30 maart 2007 10 oktober 2011 R 9 november 2011 Nee Nee
Kameroen 1 oktober 2008 Nee Nee
Kazachstan 11 december 2008 Nee Nee
Kenia 30 maart 2007 19 mei 2008 R 18 juni 2008 Nee Nee
Kirgistan 21 september 2011 Nee Nee
Kroatië 30 maart 2007 15 augustus 2007 R 3 mei 2008 Nee Nee
Laos 15 januari 2008 25 september 2009 R 25 oktober 2009 Nee Nee
Lesotho 2 december 2008 T 1 januari 2009 Nee Nee
Letland 18 juli 2008 1 maart 2010 R 31 maart 2010 Nee Nee
Libanon 14 juni 2007 Nee Nee
Liberia 30 maart 2007 Nee Nee
Libië 1 mei 2008 Nee Nee
Litouwen 30 maart 2007 18 augustus 2010 R 17 september 2010 Ja Nee
Luxemburg 30 maart 2007 26 september 2011 R 26 oktober 2011 Nee Nee
Macedonië, de voormalige Joegoslavische Republiek 30 maart 2007 29 december 2011 R 28 januari 2012 Nee Nee
Madagaskar 25 september 2007 Nee Nee
Malawi 27 september 2007 27 augustus 2009 R 26 september 2009 Nee Nee
Malediven 2 oktober 2007 5 april 2010 R 5 mei 2010 Nee Nee
Maleisië 8 april 2008 19 juli 2010 R 18 augustus 2010 Ja Ja
Mali 15 mei 2007 7 april 2008 R 7 mei 2008 Nee Nee
Malta 30 maart 2007 Ja Nee
Marokko 30 maart 2007 8 april 2009 R 8 mei 2009 Nee Nee
Mauritanië 3 april 2012 T 3 mei 2012 Nee Nee
Mauritius 25 september 2007 8 januari 2010 R 7 februari 2010 Ja Nee
Mexico 30 maart 2007 17 december 2007 R 3 mei 2008 Ja Nee
Micronesia 23 september 2011 Nee Nee
Moldavië 30 maart 2007 21 september 2010 R 21 oktober 2010 Nee Nee
Monaco 23 september 2009 Ja Nee
Mongolië 13 mei 2009 T 12 juni 2009 Nee Nee
Montenegro 27 september 2007 2 november 2009 R 2 december 2009 Nee Nee
Mozambique 30 maart 2007 30 januari 2012 R 29 februari 2012 Nee Nee
Myanmar 7 december 2011 T 6 januari 2012 Nee Nee
Namibië 25 april 2007 4 december 2007 R 3 mei 2008 Nee Nee
Nederlanden, het Koninkrijk der 30 maart 2007 Ja Nee
Nepal 3 januari 2008 7 mei 2010 R 6 juni 2010 Nee Nee
Nicaragua 30 maart 2007 7 december 2007 R 3 mei 2008 Nee Nee
Nieuw-Zeeland 30 maart 2007 25 september 2008 R 25 oktober 2008 Ja Nee
Niger 30 maart 2007 24 juni 2008 R 24 juli 2008 Nee Nee
Nigeria 30 maart 2007 24 september 2010 R 24 oktober 2010 Nee Nee
Noorwegen 30 maart 2007 Nee Nee
Oekraïne 24 september 2008 4 februari 2010 R 6 maart 2010 Nee Nee
Oezbekistan 27 februari 2009 Nee Nee
Oman 17 maart 2008 6 januari 2009 R 5 februari 2009 Nee Nee
Oostenrijk 30 maart 2007 26 september 2008 R 26 oktober 2008 Nee Nee
Pakistan 25 september 2008 5 juli 2011 R 4 augustus 2011 Nee Nee
Palau 20 september 2011 Nee Nee
Panama 30 maart 2007 7 augustus 2007 R 3 mei 2008 Nee Nee
Papua-Nieuw-Guinea 2 juni 2011 Nee Nee
Paraguay 30 maart 2007 3 september 2008 R 3 oktober 2008 Nee Nee
Peru 30 maart 2007 30 januari 2008 R 3 mei 2008 Nee Nee
Polen 30 maart 2007 Ja Nee
Portugal 30 maart 2007 23 september 2009 R 23 oktober 2009 Nee Nee
Qatar 9 juli 2007 13 mei 2008 R 12 juni 2008 Nee Nee
Roemenië 26 september 2007 31 januari 2011 R 2 maart 2011 Nee Nee
Russische Federatie 24 september 2008 Nee Nee
Rwanda 15 december 2008 T 14 januari 2009 Nee Nee
Saint Lucia 22 september 2011 Nee Nee
Saint Vincent en de Grenadines 29 oktober 2010 T 28 november 2010 Nee Nee
Salomonseilanden 23 september 2008 Nee Nee
San Marino 30 maart 2007 22 februari 2008 R 3 mei 2008 Nee Nee
Saudi-Arabië 24 juni 2008 T 24 juli 2008 Nee Nee
Senegal 25 april 2007 7 september 2010 R 7 oktober 2010 Nee Nee
Servië 17 december 2007 31 juli 2009 R 30 augustus 2009 Nee Nee
Seychellen 30 maart 2007 2 oktober 2009 R 1 november 2009 Nee Nee
Sierra Leone 30 maart 2007 4 oktober 2010 R 3 november 2010 Nee Nee
Slovenië 30 maart 2007 24 april 2008 R 24 mei 2008 Nee Nee
Slowakije 26 september 2007 26 mei 2010 R 25 juni 2010 Ja Nee
Spanje 30 maart 2007 3 december 2007 R 3 mei 2008 Nee Nee
Sri Lanka 30 maart 2007 Nee Nee
Sudan 30 maart 2007 24 april 2009 R 24 mei 2009 Nee Nee
Suriname 30 maart 2007 Nee Nee
Swaziland 25 september 2007 Nee Nee
Syrië 30 maart 2007 10 juli 2009 R 9 augustus 2009 Nee Nee
Tanzania 30 maart 2007 10 november 2009 R 10 december 2009 Nee Nee
Thailand 30 maart 2007 29 juli 2008 R 28 augustus 2008 Ja Ja
Togo 23 september 2008 1 maart 2011 R 31 maart 2011 Nee Nee
Tonga 15 november 2007 Nee Nee
Trinidad en Tobago 27 september 2007 Nee Nee
Tsjechië 30 maart 2007 28 september 2009 R 28 oktober 2009 Nee Nee
Tunesië 30 maart 2007 2 april 2008 R 3 mei 2008 Nee Nee
Turkije 30 maart 2007 28 september 2009 R 28 oktober 2009 Nee Nee
Turkmenistan 4 september 2008 T 4 oktober 2008 Nee Nee
Uganda 30 maart 2007 25 september 2008 R 25 oktober 2008 Nee Nee
Uruguay 3 april 2007 11 februari 2009 R 13 maart 2009 Nee Nee
Vanuatu 17 mei 2007 23 oktober 2008 R 22 november 2008 Nee Nee
Verenigde Arabische Emiraten 8 februari 2008 19 maart 2010 R 18 april 2010 Nee Nee
Verenigde Staten van Amerika 30 juli 2009 Nee Nee
Verenigd Koninkrijk 30 maart 2007 8 juni 2009 R 8 juli 2009 Ja Nee
Vietnam 22 oktober 2007 Nee Nee
Zambia 9 mei 2008 1 februari 2010 R 3 maart 2010 Nee Nee
Zuid-Afrika 30 maart 2007 30 november 2007 R 3 mei 2008 Nee Nee
Zuid-Korea 30 maart 2007 11 december 2008 R 10 januari 2009 Ja Ja
Zweden 30 maart 2007 15 december 2008 R 14 januari 2009 Nee Nee

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China
Uitgebreid tot In werking Buiten werking
Hongkong SAR 31 augustus 2008
Macau SAR 31 augustus 2008
Denemarken
Uitgebreid tot In werking Buiten werking
Faeröer 23 augustus 2009
Groenland 23 augustus 2009

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Voorbehouden, verklaringen en bezwaren
Australië 17 juli 2008
Australia recognizes that persons with disability enjoy legal capacity on an equal basis with others in all aspects of life. Australia declares its understanding that the Convention allows for fully supported or substituted decision-making arrangements, which provide for decisions to be made on behalf of a person, only where such arrangements are necessary, as a last resort and subject to safeguards;
Australia recognizes that every person with disability has a right to respect for his or her physical and mental integrity on an equal basis with others. Australia further declares its understanding that the Convention allows for compulsory assistance or treatment of persons, including measures taken for the treatment of mental disability, where such treatment is necessary, as a last resort and subject to safeguards;
Australia recognizes the rights of persons with disability to liberty of movement, to freedom to choose their residence and to a nationality, on an equal basis with others. Australia further declares its understanding that the Convention does not create a right for a person to enter or remain in a country of which he or she is not a national, nor impact on Australia’s health requirements for non-nationals seeking to enter or remain in Australia, where these requirements are based on legitimate, objective and reasonable criteria.
Voorbehouden, verklaringen en bezwaren
Azerbeidzjan 28 januari 2009
The Republic of Azerbaijan declares that it is unable to guarantee the application of the provisions of the Convention in the territories occupied by the Republic of Armenia until these territories are liberated from occupation.
Bezwaar Armenië: 22 september 2010
Given that the Republic of Azerbaijan made a declaration to the Convention on the Rights of
Persons with Disabilities at the time of ratification the Republic of Armenia declares:
The Republic of Azerbaijan deliberately misrepresents the essence of the Nagorno-Karabakh issue, with respect to cause and effect of the conflict. The conflict arose due to the policy of ethnic
cleansing by the Republic of Azerbaijan followed by the massive military aggression against the selfdetermined Nagorno-Karabakh Republic - with the aim to repress the free will of the Nagorno-Karabakh population. As a result, the Republic of Azerbaijan has occupied several territories of the Nagorno-Karabakh Republic.
Voorbehouden, verklaringen en bezwaren
België 30 maart 2007
This signature is equally binding on the French community, the Flemish community, the German-speaking community, the Wallone region, the Flemisch region and the region of the capital-Brussels.
Voorbehouden, verklaringen en bezwaren
Canada 11 maart 2010
Canada recognises that persons with disabilities are presumed to have legal capacity on an equal basis with others in all aspects of their lives. Canada declares its understanding that Article 12 permits supported and substitute decision-making arrangements in appropriate circumstances and in
accordance with the law.
To the extent Article 12 may be interpreted as requiring the elimination of all substitute decision-making arrangements, Canada reserves the right to continue their use in appropriate circumstances and subject to appropriate and effective safeguards. With respect to Article 12 (4), Canada reserves the right not to subject all such measures to regular review by an independent authority, where such measures are already subject to review or appeal.
Canada interprets Article 33 (2) as accommodating the situation of federal states where the
implementation of the Convention will occur at more than one level of government and through a variety of mechanisms, including existing ones.
Voorbehouden, verklaringen en bezwaren
China 1 augustus 2008
The application of the provisions regarding liberty of movement and nationality of the Convention on the Rights of Persons with Disabilities to the Hong Kong Special Administrative Region of the People’s Republic of China, shall not change the validity of relevant laws on immigration control and nationality application of the Hong Kong Special Administrative Region of the People’s Republic of China.
Voorbehouden, verklaringen en bezwaren
Cyprus 27 juni 2011
Whereas the Persons with Disabilities Law, as this has been harmonized with the Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, prescribes in section 3A thereof that the said Law shall not apply as regards employment:
(a) to the armed forces, to the extent that the nature of the work requires special abilities which cannot be exercised by persons with disabilities, and
(b) to occupational activities where by reason of the nature or the context in which they
are carried out, a characteristic or an ability which is not possessed by a person with a disability,
constitutes a genuine and determining occupational requirement, provided that the objective is
legitimate and the requirement is proportionate, taking into account the possibility of adopting
reasonable measures,
the Republic of Cyprus declares that it ratifies the Convention with a reservation in respect of Article 27(1) of the Convention, to the extent that the provisions thereof are in conflict with the provisions of section 3A of the Persons with Disabilities Law.
Voorbehouden, verklaringen en bezwaren
Egypte 4 april 2007
The Arab Republic of Egypt declares that its interpretation of article 12 of the International Convention on the Protection and Promotion of the Rights of Persons with Disabilities, which deals with the recognition of persons with disabilities on an equal basis with others before the law, with regard to the concept of legal capacity dealt with in paragraph 2 of the said article, is that persons with disabilities enjoy the capacity to acquire rights and assume legal responsibility ("ahliyyat al-wujub) but not the capacity to perform ("ahliyyat al-'ada'), under Egyptian law.
Voorbehouden, verklaringen en bezwaren
El Salvador 14 december 2007
The Government of the Republic of El Salvador signs the present Convention on the Rights of Persons with Disabilities and the Optional Protocol thereto, adopted by the United Nations General Assembly on 13 December 2006, to the extent that its provisions do not prejudice or violate the provisions of any of the precepts, principles and norms enshrined in the Constitution of the Republic of El Salvador, particularly in its enumeration of principles.
Bezwaar Zweden: 23 januari 2009
...the Government of Sweden has examined the reservation made by the Government of the Republic of El Salvador upon ratifying the Convention on the Rights of Persons with Disabilities.
According to international customary law, as codified in the Vienna Convention on the Law of Treaties, reservations incompatible with the object and purpose of a treaty 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 notes that El Salvador in its reservation gives precedence to its
Constitution over the Convention. The Government of Sweden is of the view that such a reservation, which does not clearly specify the extent of the derogation, raises serious doubt as to the commitment of El Salvador to the object and purpose of the Convention.
The Government of Sweden therefore objects to the aforesaid reservation made by the Government of the Republic of El Salvador to the Convention on the Rights of Persons with Disabilities and considers the reservation null and void. This objection shall not preclude the entry into force of the Convention between El Salvador and Sweden. The Convention enters into force in its entirety between El Salvador and Sweden, without El Salvador benefiting from its reservation.
Bezwaar Nederlanden, het Koninkrijk der: 22 januari 2009
The Government of Kingdom of the Netherlands has carefully examined the reservation made by the Government of the Republic of El Salvador upon signature and confirmed upon ratification to the Convention on the Rights of Persons with Disabilities, done at New York on 13 December 200[6].
The Government of the Kingdom of the Netherlands considers that with this reservation the application of the Convention is made subject to the constitutional law in force in the Republic of El Salvador. This makes it unclear to what extent the Republic of El Salvador considers itself bound by the obligations of the Convention.
The Government of the Kingdom of the Netherlands considers that such a reservation must be
regarded as incompatible with the object and purpose of the said instrument and would recall that, according to Article 46, paragraph 1 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 reservation made by the Government of the Republic of El Salvador to the Convention on the Rights of Persons with Disabilities.
It is the understanding of the Government of the Kingdom of the Netherlands that the reservation of the Government of the Republic of El Salvador does not exclude or modify the legal effect of the provisions of the Convention in their application to the Republic of El Salvador.
This objection does not constitute an obstacle to the entry into force of the Convention between the Kingdom of the Netherlands and the Republic of El Salvador.
Bezwaar Slowakije: 28 september 2010
The Slovak Republic has examined the reservation made by the Republic of El Salvador upon its signature and confirmed upon its ratification of the Convention on the Rights of Persons with Disabilities, according to which:
'The Government of the Republic of El Salvador signs the present Convention on the Rights of Persons with Disabilities and the Optional Protocol thereto, adopted by the United Nations General Assembly on 13 December 2006, to the extent that its provisions do not prejudice or violate the
provisions of any of the precepts, principles and norms enshrined in the Constitution of the Republic of El Salvador, particularly in its enumeration of principles.'
The Slovak Republic notes that the reservation makes unclear to what extent the Republic of El Salvador considers itself bound by the obligations of the Convention, as the Republic of El Salvador subjects the Convention by this reservation to 'the provisions of any of the precepts, principles and
norms enshrined in the Constitution of the Republic of El Salvador'.
The Slovak Republic considers that this reservation is incompatible with the object and purpose of the Convention and, according to Article 46 paragraph 1 of the Convention and according to customary international law as codified in the Vienna Convention on the Law of Treaties; such reservation shall not be permitted.
The Slovak Republic, therefore, objects to the aforesaid reservation made by the Republic of El Salvador to the Convention. This objection shall not preclude the entry into force of the Convention between the Slovak Republic and the Republic of El Salvador, without the Republic of El Salvador
benefiting from its reservation.
Bezwaar Portugal: 23 september 2009
The Government of the Portuguese Republic has carefully examined the reservation made by the Government of the Republic of El Salvador upon signature and confirmed upon ratification of the
Convention on the Rights of Persons with Disabilities, done at New York, on the 13th December 2006.
The Government of the Portuguese Republic considers that with this reservation the application of the Convention is made subject to the constitutional law in force in the Republic of El Salvador. This makes it unclear to what extent the Republic of El Salvador considers itself bound by the obligations of
the Convention.
The Government of the Portuguese Republic considers that such a reservation must be regarded as incompatible with the object and purpose of the said instrument and would recall that, according to Article 46, paragraph 1 of the Convention, a reservation incompatible with the object and purpose of the Convention shall not be permitted.
Bezwaar Tsjechië: 30 november 2009
The Czech Republic has examined the reservation made by the Republic of El Salvador upon its signature and confirmed upon its ratification of the Convention on the Rights of Persons with Disabilities.
The Czech Republic notes that the reservation makes unclear to what extent the Republic of El Salvador considers itself bound by the obligations of the Convention, as the Republic of El Salvador subjects the Convention by this reservation to "the provisions of any of the precepts, principles and norms enshrined in the Constitution of the Republic of El Salvador".
The Czech Republic considers that this reservation is incompatible with the object and purpose of the Convention and, according to Article 46 paragraph 1 of the Convention and according to customary international law as codified in the Vienna Convention on the Law of Treaties, such reservation shall not be permitted.
The Czech Republic, therefore, objects to the aforesaid reservation made by the Republic of El Salvador to the Convention. This objection shall not preclude the entry into force of the Convention between the Czech Republic and the Republic of El Salvador, without the Republic of El Salvador benefiting from its reservation.
Bezwaar Duitsland: 28 januari 2010
Communication relating to the declaration made by the Republic of El Salvador upon signature and confirmed upon ratification.
The Federal Republic of Germany has carefully examined the aforementioned reservation.
The Federal Republic of Germany is of the opinion that reservations which consist in a general reference to a system of norms (like the constitution or the legal order of the reserving State) without specifying the contents thereof leave it uncertain to which extent that State accepts to be bound by the obligations under the treaty. Moreover, those norms may be subject to changes.
The reservation made by the Republic of El Salvador is therefore not sufficiently precise to make it possible to determine the restrictions that are introduced into the agreement.
The Federal Republic of Germany is therefore of the opinion that the reservation is incompatible with object and purpose of the Convention and the Protocol and would like to recall that, according to Article 46, paragraph 1 of the Convention, and Article 14, paragraph 1 of the Protocol, a reservation incompatible with the object and purpose of the Convention shall not be permitted.
The Federal Republic of Germany therefore objects to the above-mentioned reservation. This objection shall not preclude the entry into force of the Convention and the Protocol between the Federal Republic of Germany and the Republic of El Salvador.
Voorbehouden, verklaringen en bezwaren
El Salvador 30 maart 2007
The Government of the Republic of El Salvador signs the present Convention on the Rights of Persons with Disabilities and the Optional Protocol thereto, adopted by the United Nations General Assembly on 13 December 2006, to the extent that its provisions do not prejudice or violate the provisions of any of the precepts, principles and norms enshrined in the Constitution of the Republic of El Salvador, particularly in its enumeration of principles.
Bezwaar Oostenrijk: 26 september 2008
The Government of Austria has examined the reservation to the Convention on the Rights of Persons with Disabilities and Optional Protocol thereto made by the Government of El Salvador.
According to its reservation, El Salvador envisages becoming Party to the Convention only to the extent that its provisions do not prejudice or violate the provisions of any of the precepts, principles and norms enshrined in the Constitution of the Republic of El Salvador, particularly in its enumeration of principles. In the absence of further clarification, this reservation does not clearly specify the extent of El Salvador’s derogation from the provisions of the Convention. This general and vague wording of the reservation raises doubts as to the degree of commitment assumed by El Salvador in becoming a party to the Convention and is therefore incompatible with international law.
The Government of Austria objects to the reservation made by the Government of the Republic of El Salvador to the Convention on the Rights of Persons with Disabilities and Optional Protocol thereto.
This objection, however, does not preclude the entry into force, in its entirety, of the Convention between Austria and El Salvador.
Voorbehouden, verklaringen en bezwaren
EU (Europese Unie) 23 december 2010
Declaration:
Article 44(1) of the United Nations Convention on the Rights of Persons with Disabilities (hereinafter referred to as the 'Convention') provides that a regional integration organisation in its instrument of formal confirmation or accession is to declare the extent of its competence with respect to matters governed by the Convention.
The current members of the European Community are the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland.
The European Community notes that for the purpose of the Convention, the term 'State Parties' applies to regional integration organisations within the limits of their competence.
The United Nations Convention on the Rights of Persons with Disabilities shall apply, with regard to the competence of the European Community, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty, in particular Article 299 thereof.
Pursuant to Article 299, this Declaration is not applicable to the territories of the Member States in which the said Treaty does not apply and is without prejudice to such act or positions as may be adopted under the Convention by Member States concerned on behalf and in the interests of thoseterritories.
In accordance with Article 44(1) of the Convention, this Declaration indicates the competences transferred to the Community by the Member States under the Treaty establishing the European Community, in the areas covered by the Convention.
The scope and the exercise of Community competence are, by their nature, subject to continuous development and the Community will complete or amend this Declaration, if necessary, in accordance with Article 44(1) of the Convention.
In some matters the European Community has exclusive competence and in other matters competence is shared between the European Community and the Member States. The Member States remain competent for all matters in respect of which no competence has been transferred to theEuropean Community.
At present:
1. The Community has exclusive competence as regards the compatibility of state aid with the common market and the common custom tariff.
To the extent that provisions of Community law are affected by the provision of the Convention, the European Community has an exclusive competence to accept such obligations with respect to its own public administration. In this regard, the Community declares that it has power to deal with regulating the recruitment, conditions of service, remuneration, training etc. of non-elected officials under the Staff Regulations and the implementing rules to those Regulations.
2. The Community shares competence with Member States as regards action to combat discrimination on the ground of disability, free movement of goods, persons, services and capital agriculture, transport by rail, road, sea and air transport, taxation, internal market, equal pay for male and female workers, Trans-European network policy and statistics.
The European Community has exclusive competence to enter into this Convention in respect of those matters only to the extent that provisions of the Convention or legal instruments adopted in implementation thereof affect common rules previously established by the European Community. When Community rules exist but are not affected, in particular in cases of Community provisions establishing only minimum standards, the Member States have competence, without prejudice to the competence of the European Community to act in this field. Otherwise competence rests with the Member States. A list of relevant acts adopted by the European Community appears in the Appendix hereto [Appendix omitted]. The extent of the European Community's competence ensuing from these acts must be assessed by reference to the precise provisions of each measure, and in particular, the extent to which these provisions establish common rules.
3. The following EC policies may also be relevant to the UN Convention: Member States and the Community shall work towards developing a coordinated strategy for employment. The Community shall contribute to the development of quality of education by encouraging cooperation between Member States and, if necessary, by supporting and supplementing their action. The Community shall implement a vocational training policy which shall support and supplement the action of the Member States. In order to promote its overall harmonious development, the Community shall develop and pursue its actions leading to the strengthening of its economic and social cohesion. The Community conducts a development cooperation policy and economic, financial and technical cooperation with third countries without prejudice to the respective competences of the Member States.
(...)
Reservation:
The European Community states that pursuant to Community law (notably Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation), the Member States may, if appropriate, enter their own reservations to Article 27(1) of the Disabilities Convention to the extent that Article 3(4) of the said Council Directive provides them with the right to exclude non-discrimination on the grounds of disability with respect to employment in the armed forces from the scope of the Directive. Therefore, the Community states that it concludes the Convention without prejudice to the above right, conferred on its Member States by virtue of Community law.
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Frankrijk 18 februari 2010
The French Republic declares that it will interpret the term "consent" in article 15 of the Convention in conformity with international instruments, in particular those that relate to human rights and biomedicine, and with national legislation, which is in line with these instruments. This means that, as far as biomedical research is concerned, the term "consent" applies to two different situations:
1. Consent given by a person who is able to consent, and
2. In the case of persons who are not able to give their consent, permission given by their
representative or an authority or body provided for by law.
The French Republic considers it important that persons who are unable to give their free and informed consent receive specific protection, without prejudice to all medical research of benefit to them. In addition to the permission referred to under paragraph 2 above, other protective measures, such as those included in the above-mentioned international instruments, are considered to be part of this
protection.
With regard to article 29 of the Convention, the exercise of the right to vote is a component of legal capacity that may not be restricted except in the conditions and in accordance with the modalities
provided for in article 12 of the Convention.
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Guatemala 7 april 2009
In accordance with article 33 of the Convention and by Decree No. 78-2009, it has been agreed to designate the National Council for te care of Persons with Disabilties (CONADI) as the government agency responsible for addressing issues relating to compliance with and implementation of the Convention on the Rights of Persons with Disabilities and for producing the reports required under that Convention.
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Iran 23 oktober 2009
... with regard to Article 46, the Islamic Republic of Iran declares that it does not consider itself bound by any provisions of the Convention, which may be incompatible with its applicable rules.
Bezwaar Mexico: 22 oktober 2010
Having examined the declaration made by the Islamic Republic of Iran with respect to the Convention, the United Mexican States has concluded that the declaration is, in fact, a reservation. This reservation, which aims to exclude the legal effects of certain provisions of the Convention, is incompatible with the object and purpose of that instrument. Indeed, the declaration is worded in such a way that it could hinder the realization of normative provisions of the Convention, including those of articles 4 and 1, and thus is in breach of article 46 of the Convention and article 19 of the Vienna Convention on the Law of Treaties. It should be noted that article 27 of the Vienna Convention codified the principle of international law whereby a party may not invoke the provisions of its domestic law as justification for its failure to comply with a treaty. The claim that domestic laws take precedence over the provisions of treaties that are in force for the Parties is therefore inadmissible.
This objection shall not preclude the entry into force of the Convention between the Islamic Republic of Iran and the United Mexican States.
Bezwaar Letland: 22 oktober 2010
The Government of the Republic of Latvia has carefully examined the declaration made by the Islamic Republic of Iran to the Convention.
The Government of the Republic of Latvia considers that the declaration contains general reference to national law, making any provision of the Convention subject to the national law of the Islamic Republic of Iran.
Therefore, the Government of the Republic of Latvia is of the opinion that the declaration is in fact a unilateral act deemed to limit the scope of application of the Convention and therefore, it shall be regarded as a reservation.
Moreover, the Government of the Republic of Latvia considers that the reservation named as a declaration does not make it clear to what extent the Islamic Republic of Iran considers itself bound by the provisions of the Convention and whether the manner of application of the rights prescribed by the Convention are in line with the object and purpose of the Convention.
Therefore, the Government of the Republic of Latvia recalls that the provisions of Article 46 of the Convention set out that the reservations that are incompatible with object and purpose of the Convention are not permitted.
Consequently, the Government of the Republic of Latvia therefore objects to the aforesaid reservations made by the Islamic Republic of Iran to the Convention.
However, this objection shall not preclude the entry into force of the Convention between the Republic of Latvia and the Islamic Republic of Iran. Thus, the International Covenant will become operative without the Islamic Republic of Iran benefiting from its reservation.
Bezwaar Tsjechië: 28 juli 2010
The Czech Republic has examined the declaration made by the Islamic Republic of Iran upon its accession to the Convention on the Rights of Persons with Disabilities (hereinafter the 'Convention') on October 23, 2009.
The Czech Republic points out that the title of a statement intended to modify or exclude the legal effects of certain provisions of a treaty does not alone determine the status of such statement as a
reservation or declaration. The Czech Republic is of the opinion that the declaration made by the
Islamic Republic of Iran constitutes, in fact, a reservation.
The Czech Republic finds that the reservation does not make it clear to what extent the Islamic
Republic of Iran is willing to honour its obligations under the Convention, since 'it does not consider
itself bound by any provisions of the Convention which may be incompatible with its applicable rules'.
The Czech Republic believes that this reservation is incompatible with the object and purpose
of the Convention. According to Article 46, paragraph 1 of the Convention and customary international law codified in the Vienna Convention on the Law of Treaties, such reservations should 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 Czech Republic, therefore, objects to the aforesaid reservation made by the Islamic Republic of Iran and considers the reservation null and void. This objection shall not preclude the entry into force of the Convention between the Czech Republic and the Islamic Republic of Iran, without the Islamic Republic of Iran benefiting from its reservation.
Bezwaar Duitsland: 1 november 2010
The Federal Republic of Germany has carefully examined the declaration made by the Government of the Islamic Republic of Iran upon its accession to the Convention on the Rights of Persons with Disabilities of 13 December 2006.
The Federal Republic of Germany is of the opinion that by excluding the application of those provisions of the Convention which may be incompatible with applicable national rules the Islamic Republic of Iran in fact has made a reservation which leaves it unclear to what extent the Islamic Republic of Iran accepts being bound by the obligations under the Convention.
The Federal Republic of Germany objects to this reservation as being incompatible with the object and purpose of the Convention and thus impermissible according to Article 46, paragraph 1 of the
Convention.
This objection shall not preclude the entry into force of the Convention between the Federal Republic of Germany and the Islamic Republic of Iran.
Bezwaar Oostenrijk: 1 november 2010
The Government of Austria has examined the declaration made by the Government of the Islamic Republic of Iran upon its accession to the Convention on the Rights of Persons with Disabilities of 13 December 2006.
The Government of Austria considers that in aiming to exclude the application of those provisions of the Convention which are deemed incompatible with applicable national rules, the Islamic Republic of Iran has made a reservation of general and indeterminate scope. This reservation does not clearly define for the other States Parties to the Convention the extent to which the reserving State has
accepted the obligations of the Convention.
The Government of Austria therefore considers the reservation of the Islamic Republic of Iran
incompatible with the object and purpose of the Convention and objects to it.
This objection shall not preclude the entry into force of the Convention between Austria and the Islamic Republic of Iran.
Bezwaar Portugal: 2 november 2010
The Government of the Portuguese Republic has examined the reservation made by the Islamic Republic of Iran on 23 October 2009 upon accession to the Convention on the Rights of Persons
with Disabilities.
The Government of the Portuguese Republic considers that the reservation subjects the Convention’s application to domestic law, which is incompatible with the object and purpose of the Convention, insofar as it disregards the fundamental principles of International Law and the 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 reservation made by the Islamic Republic of Iran on 23 October 2009 upon accession to the Convention on the Rights of Persons
with Disabilities.
This objection does not preclude the entry into force of the Convention on the Rights of Persons with Disabilities between the Portuguese Republic and the Islamic Republic of Iran.
Bezwaar Slowakije: 4 november 2010
The Slovak Republic has examined the interpretative declaration made by the Islamic Republic of Iran upon its accession to the Convention on the Rights of Persons with Disabilities on 23 October 2009 according to which:
'... with regard to Article 46, the Islamic Republic of Iran declares that it does not consider itself bound by any provisions of the Convention which may be incompatible with its applicable rules.'
The Slovak Republic believes that the declaration made by the Islamic Republic of Iran constitutes in fact a reservation to the Convention.
The Slovak Republic notes that this reservation makes it unclear to what extent the Islamic Republic of Iran is willing to fulfil its obligations under the Convention, since 'it does not consider itself bound by any provisions of the Constitution which may be incompatible with its applicable rules.'
According to Article 46 paragraph 1 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 Slovak Republic, therefore, objects to the aforesaid reservation made by the Islamic Republic of Iran to the Convention. This objection shall not preclude the entry into force of the Convention between the Slovak Republic and the Islamic Republic of Iran, without the Islamic Republic of Iran benefiting from its reservation.
Bezwaar België: 28 juni 2010
Belgium has examined the declaration made by the Islamic Republic of Iran when it acceded to the Convention on the Rights of Persons with Disabilities. The vagueness and general nature of the reservation made by the Islamic Republic of Iran, which does not feel itself bound by any of the provisions of the Convention that are deemed potentially incompatible with Iranian laws, leaves open the extent of the commitment of the Islamic Republic of Iran to the Convention and therefore raises serious doubts about its commitment to fulfill its obligations under the Convention. Reservations of such unspecified nature may contribute to undermining the bases of international human rights treaties.
This reservation should therefore be considered as being incompatible with the object and purpose of the Convention. Belgium recalls that under article 19 (c) of the Vienna Convention on the Law of Treaties, a reservation incompatible with the object and purpose of a treaty is not permitted. This objection shall not preclude the entry into force of the Convention between the Islamic Republic of Iran and Belgium.
Bezwaar Frankrijk: 30 maart 2010
The Government of the French Republic has examined the declaration made by the Government of the Islamic Republic of Iran upon its adherence to the Convention on the Rights of Persons with Disabilities of 13 December 2006. The Government of the French Republic considers that, in aiming to exclude the application of those provisions of the Convention that are deemed incompatible with Iranian laws, the Islamic Republic of Iran has in effect made a reservation of general and indeterminate scope. This reservation is vague, failing to specify the relevant provisions of the Convention or the domestic laws to which the Islamic Republic of Iran wishes to give preference.
Consequently, it does not allow other States parties to know the extent of the commitment of the Islamic Republic of Iran and could render the Convention ineffective. The Government of the French Republic considers that this reservation runs counter to the purpose and goals of the Convention and raises an objection to it. This objection does not prevent the entry into force of the Convention between the Islamic Republic of Iran and France.
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Litouwen 18 augustus 2010
.... the Republic of Lithuania declares that the concept of "sexual and reproductive health" used in Article 25(a) of the Convention shall not be interpreted to establish new human rights and create
relevant international commitments of the Republic of Lithuania. The legal content of this concept does
not include support, encouragement or promotion of pregnancy termination, sterilization and medical
procedures of persons with disabilities, able to cause discrimination on the grounds of genetic features.
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Maleisië 19 juli 2010
Declaration:
Malaysia acknowledges that the principles of non-discrimination and equality of opportunity as provided in articles 3 (b), 3 (e) and 5 (2) of the said Convention are vital in ensuring full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity, which shall be applied and interpreted on the basis of disability and on equal basis with others. Malaysia declares that its application and interpretation of the Federal Constitution of Malaysia pertaining to the principles of non-discrimination and equality of opportunity shall not be treated as contravening articles 3 (b), 3 (e) and 5 (2) of the said Convention.
Malaysia recognizes the participation of persons with disabilities in cultural life, recreation and leisure as provided in article 30 of the said Convention and interprets that the recognition is a matter for national legislation.
Reservation:
The Government of Malaysia ratifies the said Convention subject to the reservation that it does not consider itself bound by articles 15 and 18 of the said Convention.
Bezwaar Oostenrijk: 24 juni 2011
The Government of Austria has examined the reservation made by Malaysia upon ratification to the Convention on the Rights of Persons with Disabilities.
The Government of Austria finds that articles 15 and 18 relate to fundamental principles of the
Convention and that the exclusion of the application of these articles is contrary to the object and
purpose of the Convention. The Government of Austria therefore objects to this reservation.
This position, however, does not preclude the entry into force in its entirety of the Convention
between Austria and Malaysia.
Bezwaar België: 28 juni 2011
Belgium has carefully examined the reservation made by Malaysia upon accession to the Convention on the Rights of Persons with Disabilities on 19 July 2010.
The vagueness and general nature of the reservation made by Malaysia -which does not consider itself bound by Articles 15 and 18 of the Convention- may contribute to undermining the basis of international human rights treaties.
Belgium further notes that the reservation made in respect of Article 15 -concerning the prohibition against torture, which is an absolute protection- and Article 18 concerns fundamental provisions of the Convention and is incompatible with the object and purpose of that instrument.
Belgium notes that under Article 46 (1) of the Convention, reservations incompatible with the object and purpose of the Convention are not permitted. Furthermore, 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)).
Consequently, Belgium objects to the reservation formulated by Malaysia with respect to Articles 15 and 18 of the Convention on the Rights of Persons with Disabilities.
This objection shall not preclude the entry into force of the Convention between the Kingdom of Belgium and Malaysia.
Bezwaar Slowakije: 18 juli 2011
The Slovak Republic has examined the reservation made by Malaysia as to its ratification of the Convention on the Rights of Persons with Disabilities of 13 December 2006, according to which:
‘The Government of Malaysia ratifies the said Convention subject to the reservation that it does not consider itself bound by articles 15 and 18 of the said Convention.’
The Slovak Republic considers the reservation to Articles 15 and 18 of the Convention as
incompatible with the object and purpose of the Convention.
It is in the common interest of States that all parties respect treaties to which they have chosen
to become party, 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.
The Slovak Republic notes that this calls into question the Malaysia’s commitment to the object and purpose of the Convention regarded to the prohibition of torture and to the rights associated with liberty of movement and nationality.
According to Article 46, paragraph 1 of the Convention and according to the customary international law as codified by the Vienna Convention on the Law of Treaties, and in particular Article 19 (c), the reservation that is incompatible with the object and purpose of a treaty is not permitted.
The Slovak Republic, therefore, objects to the reservation made by Malaysia to Articles 15 and 18 of the Convention. This objection shall not preclude the entry into force of the Convention between
the Slovak Republic and Malaysia, without Malaysia benefiting from its reservation.
Bezwaar Duitsland: 3 augustus 2011
The Government of the Federal Republic of Germany has carefully examined the reservation
made by the Government of Malaysia upon ratification of the Convention on the Rights of Persons with
Disabilities of 13 December 2006.
The Government of the Federal Republic of Germany considers that the provisions of Articles 15 and 18 are core provisions of the Convention and that the exclusion of their application is incompatible with the object and purpose of the Convention.
The Government of the Federal Republic of Germany therefore objects to this reservation as being inadmissible according to Article 46, paragraph 1 of the Convention.
This objection shall not preclude the entry into force of the Convention between the Federal
Republic of Germany and Malaysia.
Bezwaar Hongarije: 1 augustus 2011
The Government of the Republic of Hungary has examined the reservations made by Malaysia on 19 July 2010 upon ratification of the Convention on the Rights of Persons with Disabilities, adopted by the General Assembly of the United Nations on 13 December 2006, with regard to Articles 15 and 18 of the Convention.
The Government of the Republic of Hungary is of the view that Articles 15 and 18 of the Convention address core human rights values that are not only reflected in several multilateral treaties, such as the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the International Covenant on Civil and Political Rights but also form part of the international customary law.
In consequence, according to Article 19 (c) of the Vienna Convention on the Law of Treaties, which is a treaty and customary norm, these reservations shall not be permitted as they are incompatible with the object and purpose of the Convention.
Therefore, the Government of the Republic of Hungary objects to the reservations made by
Malaysia to the Convention on the Rights of Persons with Disabilities, adopted by General Assembly of
the United Nations on 13 December 2006, with regard to Articles 15 and 18.
This objection does not preclude the entry into force of the Convention between the Republic of Hungary and Malaysia.
Bezwaar Zweden: 6 juli 2011
The Government of Sweden has examined the interpretative declaration and reservations made by the Government of Malaysia at the time of its ratification of the Convention on the Rights of Persons with Disabilities.
The Government of Sweden recalls that the designation assigned to a statement whereby the legal effect of certain provisions of a treaty is excluded or modified does not determine its status as a
reservation to the treaty. The Government of Sweden considers that the interpretative declaration made by the Government of Malaysia in substance constitutes a reservation, which raises serious doubt as to the commitment to the object and purpose of the Convention.
The Government of Sweden furthermore considers that the reservations to articles 15 and 18 raise serious doubt as to the commitment to the object and purpose of the Convention.
According to international customary law, as codified in the Vienna Convention on the Law of
Treaties, reservations incompatible with the object and purpose of a treaty 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
Government of Malaysia to the Convention on the Rights of Persons with Disabilities and considers the
reservations null and void. This objection shall not preclude the entry into force of the Convention
between Malaysia and Sweden. The Convention enters into force in its entirety between Malaysia and
Sweden, without Malaysia benefiting from its reservations.
Bezwaar Portugal: 26 juli 2011
The Government of the Portuguese Republic has examined the reservations made by Malaysia
upon ratification of the Convention on the Rights of Persons with Disabilities, New York, 13 December
2006.
The Government of the Portuguese Republic considers that the reservation made by Malaysia to Articles 15 and 18 is a reservation that seeks to exclude the application of these two provisions that
are related to fundamental principles of the Convention thus limiting the scope of the Convention on an
unilateral basis and contributing to undermining the basis of International Law.
The Government of the Portuguese Republic considers that the present reservation is contrary to the object and purpose of the Convention that seeks to promote, protect and ensure the full and equal
enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to
promote respect for their inherent dignity.
The Government of the Portuguese Republic recalls that, according to customary international law as codified in the Vienna Convention on the Law of Treaties, and in accordance with Article 46 of the Convention on the Rights of Persons with Disabilities, a reservation incompatible with the object and purpose of the Convention shall not be permitted.
The Government of the Portuguese Republic therefore objects to the aforesaid reservation made by the Government of Malaysia to Articles 15 and 18 of the Convention on the Rights of Persons with Disabilities, New York, 13 December [2006].
However, this objection shall not preclude the entry into force of the Convention between the
Portuguese Republic and Malaysia.
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Malta 30 maart 2007
(A) Pursuant to Article 25 of the Convention, Malta makes the following Interpretative Statement. Malta understands that the phrase "sexual and reproductive health" in Art. 25(a) of the Convention does not constitute recognition of any new international law obligation, does not create any abortion rights, and cannot be interpreted to constitute support, endorsement, or promotion of abortion. Malta further understands that the use of this phrase is intented exclusively to underline the point that where health services are provided, they are provided without discrimination on the basis of disability.
Malta's national legislation, considers the termination of pregnancy through induced abortion as illegal.
(B) Pursuant to Article 29(a) (i) and (iii) of the Convention, while the Government of Malta is fully committed to ensure the effective and full participation of persons with disabilities in political and public life, including the exercise of their right to vote by secret ballot in elections and referenda, and to stand for elections, Malta makes the following reservations:
With regard to (a) (i)
At this stage, Malta reserves the rights to continue to apply its current electoral legislation in so far as voting procedures, facilities and materials are concerned.
With regard to (a) (iii)
Malta reserves the right to continue to apply its current electoral legislation in so far as assistance in voting procedures is concerned.
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Mauritius 8 januari 2010
The Republic of Mauritius declares that it shall not for the time being take any of the measures provided for in Articles 9.2 (d) and (e) in view of their heavy financial implication.
With regard to Article 24.2 (b), the Republic of Mauritius has a policy of inclusive education which is being implemented incrementally alongside special education.
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Mauritius 25 september 2007
The Government of the Republic of Mauritius makes the following reservations in relation to Article 11 of the United Nations Convention on the Rights of Persons with Disabilities which pertains to situations of risk and humanitarian emergencies.
The Government of Mauritius signs the present Convention subject to the reservation that it does not consider itself bound to take measures specified in article 11 unless permitted by domestic legislation expressly providing for the taking of such measures.
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Mexico 3 januari 2012
Withdrawal of interpretative declaration.
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Mexico 17 december 2007
The Political Constitution of the United Mexican States, in its articIe 1, establishes that: "( ... )
any discrimination on the grounds of ethnic or national origin, gender, age, disability, social status, health, religion opinion, preference, civil status or any other form of discrimination that is an affront to human dignity and is intended to deny or undermine the rights and freedoms of persons is prohibited".
In ratifying this Convention, the United Mexican States reaffirms its commitment to promoting and protecting the rights of Mexicans who suffer any disability, whether they are within the national territory or abroad.
The Mexican State reiterates its firm commitment to creating conditions that allow all individuals to develop in a holistic manner and to exercise their rights and freedoms fully and without discrimination.
Accordingly, affirming its absolute determination to protect the rights and dignity of persons with disabilities, the United Mexican States interprets paragraph 2 of article 12 of the Convention to mean that in the case of conflict between that paragraph and national legislation, the provision that confers the greatest legal protection while safeguarding the dignity and ensuring the physical, psychological and emotional integrity of persons and protecting the integrity of their property shall apply, in strict accordance with the principle pro homine.
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Monaco 23 september 2009
The Government of His Serene Highness the Prince of Monaco declares that implementation of the Convention must take into account the unique features of the Principality of Monaco, particularly the small size of its territory and the needs of its people.
The Government of His Serene Highness the Prince of Monaco considers that articles 23 and 25 of the Convention must not be interpreted as recognizing an individual right to abortion except where expressly provided for under national law.
The Government of His Serene Highness the Prince of Monaco considers that the purpose of the Convention is to eliminate all discrimination on the basis of disability and to ensure that persons with disabilities have full enjoyment of all human rights and fundamental freedoms on an equal basis with others, but that the Convention does not imply that persons with disabilities should be afforded rights superior to those afforded to persons without disabilities, especially in terms of employment,
accommodation and nationality.
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Nederlanden, het Koninkrijk der 30 maart 2007
The Kingdom of the Netherlands hereby expresses its intention to ratify the Convention on the Rights of Persons with Disabilities, subject to the following declarations an such further declarations and reservations as it may deem necessary upon ratification of the Convention.
Article 10
The Kingdom of the Netherlands acknowledges that unborn human life is worthy of protection. The Kingdom interprets the scope of Article 10 to the effect that such protection - and thereby the term 'human being'- is a matter for national legislation.
Article 15
The Netherlands declares that it will interpret the term 'consent' in Article 15 in conformity with international instruments, such as the Council of Europe Convention on Human Rights and Biomedicine and the Additional Protocol concerning Biomedical Research, and with national legislation which is in line with these instruments. This means that, as far as biomedical research is concerned, that term 'consent' applies to two different situations:
1. consent given by a person who is able to consent, and
2. in the case of persons who are not able to give their consent, permission given by their representative or an authority or body provided for by law.
The Netherlands considers it important that persons who are unable to give their free and informed consent receive specific protection. In addition to the permission referred to under 2. above, other protective measures as included in the above-mentioned international instruments are considered to be part of this protection.
Article 23
With regard to Article 23 paragraph 1(b), the Netherlands declares that the best interests of the child shall be paramount.
Article 25
The individual autonomy of the person is an important principle laid down in Article 3 (a) of the Convention. The Netherlands understands Article 25(f) in the light of this autonomy. This provision is interpreted to mean that good care involves respecting a person's wishes with regard to medical treatment, food and fluids.
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Nieuw-Zeeland 25 september 2008
...consistent with the constitutional status of Tokelau and taking into account the
commitment of the Government of New Zealand to the development of self-government for Tokelau
through an act of self-determination under the Charter of the United Nations, this ratification shall not
extend to Tokelau unless and until a Declaration to this effect is lodged by the Government of New
Zealand with the Depositary on the basis of appropriate consultation with that territory.
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Polen 30 maart 2007
The Republic of Poland understands that Articles 23. 1 (b) and 25 (a) shall not be interpreted in a way conferring an individual right to abortion or mandating state party to provide acces thereto.
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Slowakije 26 mei 2010
In accordance with article 46 of the United Nations Convention on the rights of persons with disabilities and article 19 of the Vienna convention on the law of treaties:
The Slovak Republic shall apply the provisions of article 27(1)(a) on condition that the implementation of the prohibition of discrimination on the basis of disability in setting conditions of recruitment, hiring and employment shall not apply in the case of recruitment for service as a member of the armed forces, armed security forces, armed corps, the National Security Office, the Slovak Information Service and the Fire and Rescue Corps.
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Thailand 29 juli 2008
The Kingdom of Thailand hereby declares that the applcation of Article 18 of the Convention shall be subject to the national laws, regulations and practices in Thailand.
Bezwaar Spanje: 27 juli 2009
The Government of the Kingdom of Spain has examined the interpretative declaration made by
Thailand upon its ratification of the Convention on the Rights of Persons with Disabilities, relating to
article 18 of that international instrument.
The Government of the Kingdom of Spain believes that this interpretative declaration constitutes a reservation that makes the application of article 18 of the Convention subject to conformity with the national laws, regulations and practices. Thailand has formulated a reservation that makes it unclear to what extent it considers itself bound by the obligations of article 18 of the Convention, and this calls into question Thailand’s commitment to the object and purpose of the Convention as regards the rights associated with liberty of movement and nationality.
The Government of the Kingdom of Spain recalls that, by virtue of article 46, paragraph 1, of the Convention, reservations incompatible with the object and purpose of the Convention shall not be
permitted. Consequently, the Government of the Kingdom of Spain objects to the interpretative
declaration by Thailand relating to article 18 of the Convention on the Rights of Persons with
Disabilities.
This objection does not preclude the entry into force of the Convention between Spain and Thailand.
Bezwaar Tsjechië: 30 november 2009
The Czech Republic has examined the interpretative declaration made by the Kingdom of Thailand upon its ratification of the Convention on the Rights of Persons with Disabilities on 29 July 2008.
The Czech Republic believes that the interpretative declaration made by the Kingdom of Thailand constitutes in fact a reservation to the Article 18 of the Convention.
The Czech Republic notes that the reservation left open to what extent the Kingdom of Thailand commits itself to the Article 18 of the Convention and this calls into question the Kingdom of Thailand's commitment to the object and purpose of the Convention as regards the rights associated with liberty of movement and nationality. It is in the common interest of States that treaties, to which they have chosen to become a 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 these treaties.
According to Article 46 paragraph 1 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 reservation made by the Kingdom of Thailand to the Convention. This objection shall not preclude the entry into force of the Convention between the Czech Republic and the Kingdom of Thailand, without the Kingdom of Thailand benefiting from its reservation.
Bezwaar Portugal: 23 september 2009
The Government of the Portuguese Republic has examined the interpretative declaration relating to Article 18 made by the Kingdom of Thailand upon its ratification of the Convention on the Rights of Persons with Disabilities, done at New York, on the 13th December 2006.
The Government of the Portuguese Republic believes that this interpretative declaration constitutes a reservation that makes the application of Article 18 of the Convention subject to conformity with the national laws, regulations and practices. The Kingdom of Thailand has formulated a reservation that makes it unclear to what extent it considers itself bound by the obligations of Article 18 of the Convention, and this calls into question the Kingdom of Thailand’s commitment to the object and purpose of the Convention as regards the rights associated with liberty of movement and nationality.
The Government of the Portuguese Republic recalls that, by virtue of article 46, paragraph 1, of the Convention, reservations incompatible with the object and purpose of the Convention shall not be
permitted.
Bezwaar Zweden: 28 juli 2009
The Government of Sweden has examined the interpretative declaration made by the Government of the Kingdom of Thailand on 29 July 2008 to the Convention on the Rights of Persons With Disabilities.
The Government of Sweden recalls that the designation assigned to a statement whereby the legal effect of certain provisions of a treaty is excluded or modified does not determine its status as a reservation to the treaty. The Government of Sweden considers that the interpretative declaration made by the Government of Thailand in substance constitutes a reservation.
According to international customary law, as codified in the Vienna Convention on the Law of Treaties, reservations incompatible with the object and purpose of a treaty 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 notes that Thailand gives precedence to its national laws, regulations and practices over the application of article 18 of the Convention. The Government of Sweden is of the view that such a reservation, which does not clearly specify the extent of the derogation, raises serious doubt as to the commitment to the object and purpose of the Convention.
The Government of Sweden therefore objects to the aforesaid reservation made by the Government of the Kingdom of Thailand to the Convention on the Rights of Persons with Disabilities and considers the reservation null and void. This objection shall not preclude the entry into force of the Convention between Thailand and Sweden. The Convention enters into force in its entirety between Thailand and Sweden, without Thailand benefiting from its reservation.
Bezwaar Slowakije: 28 september 2010
The Slovak Republic has examined the interpretative declaration made by the Kingdom of Thailand upon its ratification of the Convention on the Rights of Persons with Disabilities on 29 July 2008 according to which:
'The Kingdom of Thailand hereby declares that the application of Article 18 of the Convention shall be subject to the national laws, regulations and practices in Thailand.'
The Slovak Republic believes that the interpretative declaration made by the Kingdom of Thailand constitutes in fact a reservation to the Article 18 of the Convention.
The Slovak Republic notes that this reservation makes it unclear to what extent the Kingdom of Thailand considers itself be bound by the obligations of Article 18 of the Convention, and this calls into question the Kingdom of Thailand's commitment to the object and purpose of the Convention as regards the rights associated with liberty of movement and nationality.
According to Article 46 paragraph 1 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 Slovak Republic, therefore, objects to the aforesaid reservation made by the Kingdom of Thailand to the Convention. This objection shall not preclude the entry into force of the Convention between the Slovak Republic and the Kingdom of Thailand, without the Kingdom of Thailand benefiting from its reservation.
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Verenigd Koninkrijk 21 december 2011
Withdrawal of reservation under Article 12.4.
Voorbehouden, verklaringen en bezwaren
Verenigd Koninkrijk 8 juni 2009
Reservations:
Work and Employment - Convention Article 27 mainly
The United Kingdom accepts the provisions of the Convention, subject to the understanding that none
of its obligations relating to equal treatment in employment and occupation, shall apply to the admission
into or service in any of the naval, military or air forces of the Crown.
Education - Convention Article 24 Clause 2 (a) and 2 (b)
The United Kingdom reserves the right for disabled children to be educated outside their local
community where more appropriate education provision is available elsewhere. Nevertheless, parents
of disabled children have the same opportunity as other parents to state a preference for the school at
which they wish their child to be educated.
Liberty of Movement
The United Kingdom reserves the right to apply such legislation, insofar as it relates to the entry into,
stay in and departure from the United Kingdom of those who do not have the right under the law of the
United Kingdom to enter and remain in the United Kingdom, as it may deem necessary from time to time.
Equal Recognition Before the Law - Convention Article 12.4
The United Kingdom's arrangements, whereby the Secretary of State may appoint a person to exercise
rights in relation to social security claims and payments on behalf of an individual who is for the time
being unable to act, are not at present subject to the safeguard of regular review, as required by Article
12.4 of the Convention and the UK reserves the right to apply those arrangements. The UK is therefore
working towards a proportionate system of review.
Declaration:
Education - Convention Article 24 Clause 2 (a) and (b)
The United Kingdom Government is committed to continuing to develop an inclusive system where
parents of disabled children have increasing access to mainstream schools and staff, which have the
capacity to meet the needs of disabled children.
The General Education System in the United Kingdom includes mainstream, and special schools, which
the UK Government understands is allowed under the Convention.
Voorbehouden, verklaringen en bezwaren
Zuid-Korea 11 december 2008
(...) with a reservation on the provision regarding life insurance in the paragraph (e) of the Article 25.
Bezwaar Spanje: 3 december 2009
The Government of the Kingdom of Spain has examined the reservation formulated by the Republic of Korea when it ratified the Convention on the Rights of Persons with Disabilities with regard to article 25(e) of this international treaty.
The Government of the Kingdom of Spain considers that the Republic of Korea has formulated a reservation which does not permit clear determination as to the extent to which the Republic of Korea has accepted the obligations under article 25(e) of the Convention, which raises doubts as to the commitment of the Republic of Korea to the object and purpose of the Convention in relation to the non-discriminatory, fair and reasonable provision of life insurance.
The Government of the Kingdom of Spain recalls that, under article 46.1 of the Convention, reservations incompatible with the object and purpose of the Convention are not acceptable.
Consequently, Spain objects to the reservation formulated by the Republic of Korea in relation to article 25(e) of the Convention on the Rights of Persons with Disabilities.
This objection shall not preclude the entry into force of the Convention between the Kingdom of Spain and the Republic of Korea.

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13 december 2006 Facultatief Protocol bij het Verdrag inzake de rechten van personen met een handicap New York

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