CZECH REPUBLIC

DISABILITY

OBJECTIONS MADE TO OTHER STATES PARTIES RESERVATIONS AND DECLARATIONS

(Ed. Note: for the text targeted by the following objections, see the Reservations and Declarations of the State which is the subject of the objection)

30 November 2009

With regard to the reservation made by El Salvador upon ratification to the Convention:

“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.”

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30 November 2009

With regard to the interpretative declaration made by Thailand upon ratification to the Convention:

“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.”

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28 July 2010

Objection to the declaration made by the Islamic Republic of Iran upon accession:

“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.”