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[As of 9 October 2001]
Declarations and Reservations
(Unless otherwise indicated, the declarations and reservations were madeupon ratification, acceptance, accession or succession. For objections thereto, see hereinafter.)
Source: http://www.unhchr.ch/html/menu3/b/treaty15_asp.htm
Argentina
Reservation and declarations made upon signature and confirmed upon ratification:Reservation:
The Argentine Republic enters a reservation to subparagraphs (b), (c), (d) and (e) of article 21 of the Convention on the Rights of the Child and declares that those subparagraphs shall not apply in areas within its jurisdiction because, in its view, before they can be applied a strict mechanism must exist for the legal protection of children in matters of inter-country adoption, in order to prevent trafficking in and the sale of children.
Declarations:
Concerning article 1 of the Convention, the Argentine Republic declares that the article must be interpreted to the effect that a child means every human being from the moment of conception up to the age of eighteen.
Concerning article 38 of the Convention, the Argentine Republic declares that it would have liked the Convention categorically to prohibit the use of children in armed conflicts. Such a prohibition exists in its domestic law which, by virtue of article 41 of the Convention, it shall continue to apply in this regard.
Upon ratification:
Declaration:
Concerning subparagraph (f) of article 24 of the Convention, the Argentine Republic considers that questions relating to family planning are the exclusive concern of parents in accordance with ethical and moral principles and understands it to be a State obligation, under this article, to adopt measures providing guidance for parents and education for responsible parenthood.
Bahamas
Reservation made upon signature and confirmed upon ratification:"The Government of the Commonwealth of The Bahamas upon signing the Convention reserves the right not to apply the provisions of article 2 of the said Convention insofar as those provisions relate to the conferment of citizenship upon a child having regard to the Provisions of the Constitution of the Commonwealth of The Bahamas".
Canada
Reservations:"(i) Article 21
With a view to ensuring full respect for the purposes and intent of article 20 (3) and article 30 of the Convention, the Government of Canada reserves the right not to apply the provisions of article 21 to the extent that they may be inconsistent with customary forms of care among aboriginal peoples in Canada.
"(ii) Article 37 (c)
The Government of Canada accepts the general principles of article 37 (c) of the Convention, but reserves the right not to detain children separately from adults where this is not appropriate or feasible.
Statement of understanding:
"Article 30:
It is the understanding of the Government of Canada that, in matters relating to aboriginal peoples of Canada, the fulfilment of its responsibilities under article 4 of the Convention must take into account the provisions of article 30. In particular, in assessing what measures are appropriate to implement the rights recognized in the Convention for aboriginal children, due regard must be paid to not denying their right, in community with other members of their group, to enjoy their own culture, to profess and practice their own religion and to use their own language."
Colombia
Upon signature:The Colombian Government considers that, while the minimum age of 15 years for taking part in armed conflicts, set forth in article 38 of the Convention, is the outcome of serious negotiations which reflect various legal, political and cultural systems in the world, it would have been preferable to fix that age at 18 years in accordance with the principles and norms prevailing in various regions and countries, Colombia among them, for which reason the Colombian Government, for the purpose of article 38 of the Convention, shall construe the age in question to be 18 years.
Upon ratification:
Reservation:
The Government of Colombia, pursuant to article 2, paragraph 1 (d) of the Convention, declares that for the purposes of article 38, paragraphs 2 and 3, of the Convention, the age referred to in said paragraphs shall be understood to be 18 years, given the fact that, under Colombian law, the minimum age for recruitment into the armed forces of personnel called for military service is 18 years.
Ecuador21
Upon signature:Declaration:
"In signing the Convention on the Rights of the Child, Ecuador reaffirms . . . [that it is] especially pleased with the ninth preambular paragraph of the draft Convention, which pointed to the need to protect the unborn child, and believed that that paragraph should be borne in mind in interpreting all the articles of the Convention, particularly article 24. While the minimum age set in article 38 was, in its view, too low, [the Government of Ecuador] did not wish to endanger the chances for the Convention's adoption by consensus and therefore would not propose any amendment to the text."
Guatemala
Upon signature:Declaration:
"The State of Guatemala is signing this Convention out of a humanitarian desire to strengthen the ideals on which the Convention is based, and because it is an instrument which seeks to institutionalize, at the global level, specific norms for the protection of children, who, not being legally of age, must be under the guardianship of the family, society and the State.
"With reference to article 1 of the Convention, and with the aim of giving legal definition to its signing of the Convention, the Government of Guatemala declares that article 3 of its Political Constitution establishes that: "The State guarantees and protects human life from the time of its conception, as well as the integrity and security of the individual."
Uruguay
Upon signature:Declaration:
On signing this Convention, Uruguay reaffirms the right to make reservations upon ratification, if it considers it appropriate.
Upon ratification:
Reservation:
The Government of the Eastern Republic of Uruguay affirms, in regard to the provisions of article 38, paragraphs 2 and 3, that in accordance with Uruguayan law it would have been desirable for the lower age limit for taking a direct part in hostilities in the event of an armed conflict to be set at 18 years instead of 15 years as provided in the Convention.
Furthermore, the Government of Uruguay declares that, in the exercise of its sovereign will, it will not authorize any persons under its jurisdiction who have not attained the age of 18 years to take a direct part in hostilities and will not under any circumstances recruit persons who have not attained the age of 18 years.
Venezuela
Interpretative declarations:1. A ticle 21 (b):
The Government of Venezuela understands this provision as referring to international adoption and in no circumstances to placement in a foster home outside the country. It is also its view that the provision cannot be interpreted to the detriment of the State's obligation to ensure due protection of the child.
2. Article 21 (d):
The Government of Venezuela takes the position that neither the adoption nor the placement of children should in any circumstances result in financial gain for those in any way involved in it.
3. Article 30:
The Government of Venezuela takes the position that this article must be interpreted as a case in which article 2 of the Convention a
Objections
(Unless otherwise indicated, the objections were made upon ratification, acceptance, accession or succession.)
Subsequently, on 5 October 2000, the Secretary-General received from the Government of Argentina the following communication:
[The Argentine Republic] wishes to refer to the report submitted by the United Kingdom of Great Britain and Northern Ireland to the Committee on the Rights of the Child, which contains an addendum entitled "Overseas Dependent Territories and Crown Dependencies of the United Kingdom of Great Britain and Northern Ireland" (CRC/C/41/Add.9).
In that connection, the Argentine Republic wishes to recall that by its note of 3 April 1995 it rejected the extension of the application of the Convention on the Rights of the Child to the Malvinas Islands, South Georgia and the South Sandwich Islands effected by the United Kingdom of Great Britain and Northern Ireland on 7 September 1994.
The Government of Argentina rejects the designation of the Malvinas Islands as Overseas Dependent Territories of the United Kingdom or any other similar designation.
Consequently, the Argentine Republic does not recognize the section concerning the Malvinas Islands contained in the report which the United Kingdom has submitted to the Committee on the Rights of the Child (CRC/C/41/Add.9) or any other document or instrument having a similar tenor that may derive from this alleged territorial extension.
The United Nations General Assembly has adopted resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25, in which it recognizes that a dispute exists concerning sovereignty over the Malvinas Islands and urges the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to continue negotiations with a view to resolving the dispute peacefully and definitively as soon as possible, assisted by the good offices of the Secretary-General of the United Nations, who is to report to the General Assembly on the progress made.
The Argentine Republic reaffirms its rights of sovereignty over the Malvinas Islands, South Georgia and the South Sandwich Islands and the surrounding maritime spaces, which are an integral part of its national territory.
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Statements delivered by [the Government of Ecuador] on agenda item 108, in the Third Committee on 14 November 1989, particularly as concerns the interpretation to be given to article 24, in the light of the preamble of the Convention, and article 38 (ref: A/C.3/44/SR.41).
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