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IP Treaties Collection
Contracting Parties Poland

Dates Signature: March 30, 2007 Ratification: September 25, 2012 Entry into force: October 25, 2012

Declarations, Reservations

Objection with regard to the declaration made by Libya upon ratification: (30 October 2018)
"The Government of the Republic of Poland has carefully examined the declaration made by Libya to the article 25 (a) of the Convention on the Rights of Persons with Disabilities done in New York on December 13, 2006, done upon its ratification on February 15, 2018.
The Government of the Republic of Poland considers that the declaration made by Libya according to which article 25 (a) of the Convention will be interpreted in a manner that does not contravene the Islamic Sharia and national legislation, is incompatible with the object and purpose of the convention and therefore objects to it.
This objection shall not preclude the entry into force of the convention between the Republic of Poland and Libya."

Objection with regard to the reservation made by Brunei Darussalam upon ratification: (22 February 2017)
"The Government of the Republic of Poland has carefully examined the reservation made by Brunei Darussalam to the Convention on the Rights of Persons with Disabilities done in New York on December 13, 2006, done upon its ratification on April 18, 2016.
The Government of the Republic of Poland considers that the reservation made by Brunei Darussalam regarding those provisions of the 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 incompatible with the object and purpose of the Convention and therefore objects to them.
This objection shall not preclude the entry into force of the Convention between the Republic of Poland and Brunei Darussalam."

Reservations made upon ratification:
"The Republic of Poland understands that Article 23.1 (b) and Article 25 (a) shall not be interpreted in a way conferring an individual right to abortion or mandating state party to provide access thereto, unless that right is guaranteed by the national law."
"Article 23.1(a) of the Convention refers to the recognition of the right of all persons with disabilities who are of marriageable age to marry and to found a family on the basis of free and full consent of the intending spouses. By virtue of Article 46 of the Convention the Republic of Poland reserves the right not to apply Article 23.1(a) of the Convention until relevant domestic legislation is amended. Until the withdrawal of the reservation a disabled person whose disability results from a mental illness or mental disability and who is of marriageable age, can not get married without the court's approval based on the statement that the health or mental condition of that person does not jeopardize the marriage, nor the health of prospective children and on condition that such a person has not been fully incapacitated. These conditions result from Article 12 § 1 of the Polish Code on Family and Guardianship (Journal of Laws of the Republic of Poland of 1964, No. 9, item 59, with subsequent amendments)."

Interpretative Declaration:
"The Republic of Poland declares that it will interpret Article 12 of the Convention in a way allowing the application of the incapacitation, in the circumstances and in the manner set forth in the domestic law, as a measure indicated in Article 12.4, when a person suffering from a mental illness, mental disability or other mental disorder is unable to control his or her conduct."

Reservation made upon signature:
"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 access thereto."