World Intellectual Property Organization

Optional Protocol to the Convention on the Rights of Persons with Disabilities

Austria

With regard to the declaration made by Turkey upon ratification: (16 March 2016)
"The Government of Austria has examined the declaration made by the Republic of Turkey upon ratification of the Optional Protocol to the Convention on the Rights of Persons with Disabilities adopted on 13 December 2006. It welcomes the ratification of the Optional Protocol by Turkey as a significant step for the promotion of the rights of persons with disabilities. However, as a member state of the European Union, Austria opposes the declaration made by the Republic of Turkey which describes another member state, the Republic of Cyprus, as a defunct entity."

With regard to the reservation made by El Salvador upon signature and confirmed upon ratification: (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."

Cyprus

Declaration made on February 11, 2016:
With regard to the declaration made by Turkey upon ratification:
"The Republic of Cyprus has examined the declaration deposited by the Republic of Turkey upon ratification of the Optional Protocol to the Convention on the Rights of Persons with Disabilities (New York, 13 December 2006) on 26 March 2015, limiting the implementation of the provisions of the Convention and the Protocol, by excluding the Republic of Cyprus from the application of the Protocol at reference by the Republic of Turkey. The content of the declaration makes it tantamount in its essence to a reservation. Such a reservation is contrary to the object and purpose of the Convention and its Protocol, as it prevents the realization of the cooperation between States Parties foreseen by the Convention and its Protocol. In addition, such a declaration / reservation also relies on the principle of reciprocity, which is incompatible with human rights' obligations assumed through this Convention. The legal reasoning, cited above, renders Turkey's declaration unacceptable, as the declaration under reference contravenes the letter and the spirit of the Convention and its Protocol. The Republic of Cyprus, therefore, objects to the aforesaid declaration made by the Republic of Turkey and considers the declaration null and void. This objection shall not preclude the entry into force of the Convention between the Republic of Cyprus and the Republic of Turkey, without the Republic of Turkey benefiting from its declaration / reservation."

El Salvador

On 18 March 2015, the Government of El Salvador informed the Secretary-General that it had decided to withdraw the following Reservation made upon signature and confirmed upon ratification:
"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."

Reservation made upon signature and confirmed upon ratification:
"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."

Estonia

In accordance with Article 8(7)(a) of the Protocol, this Contracting Party has declared that, in connection with each request for territorial extension to it of the protection of an international registration and the renewal of any such international registration, it wants to receive an individual fee, instead of a share in the revenue produced by the supplementary and complementary fee.

In accordance with Article 5(2)(b) and (c) of the Protocol, this Contracting Party has declared that the time limit to notify a refusal of protection shall be 18 months and that, where a refusal of protection results from an opposition to the granting of protection, such refusal may be notified after the expiry of the 18-month time limit.

Germany

On 28 January 2010, the Secretary-General received from the Government of Germany the following 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."

Greece

With regard to the declaration made by Turkey upon ratification: (16 March 2016)
"… The Government of the Hellenic Republic has examined the declaration made by the Republic of Turkey upon ratification, on 26 March 2015, of the Optional Protocol to the Convention on the Rights of Persons with Disabilities.
The Republic of Turkey declares that its ratification of the Optional Protocol to the Convention on the Rights of Persons with Disabilities should not imply any obligation on the part of Turkey to enter into any dealing with the Republic of Cyprus within the framework of the said Protocol.
In [the] view of the Government of the Hellenic Republic, the above declaration in fact amounts to a reservation, as it purports to exclude the application of the Protocol in Turkey's relations with the Republic of Cyprus. Such a reservation is incompatible with the principle that inter-State reciprocity has no place in the context of human rights treaties, which concern the endowment of individuals with rights. It is, therefore, contrary to the object and purpose of the Convention on the Rights of Persons with Disabilities and its Optional Protocol.
The Government of the Hellenic Republic recalls that, according to Article 14 paragraph 1 of the Optional Protocol to the Convention on the Rights of Persons with Disabilities, reservations incompatible with the object and purpose of this Protocol shall not be permitted.
For the above reasons, the Government of the Hellenic Republic objects to the declaration made by the Republic of Turkey upon ratification of the said Protocol.
This objection shall not preclude the entry into force of the Protocol between the Hellenic Republic and the Republic of Turkey…"

Syrian Arab Republic

Declaration:
"The Government of the Syrian Arab Republic declares that it does not recognize the competence of the Committee on the Rights of Persons with Disabilities ("the Committee") provided for in articles 6 and 7 of the Optional Protocol, in accordance with Article 8 of that Protocol, which provides that each State Party may, at the time of signature or ratification of the present Protocol or accession thereto, declare that it does not recognize the competence of the Committee provided for in articles 6 and 7."

Turkey

Declaration made upon ratification:
"Turkey declares that [its] ratification of the Optional Protocol to the Convention on the Rights of Persons with Disabilities neither amounts to any form of recognition of the Greek Cypriot Administration's pretention to represent the defunct 'Republic of Cyprus' as party to that Protocol, nor should it imply any obligation on the part of Turkey to enter into any dealing with the so-called Republic of Cyprus within the framework of the said Protocol."

 

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