FRANCE

CESCR

RESERVATIONS AND DECLARATIONS

(Unless otherwise indicated, the reservations and declarations were made upon ratification, accession or succession)

Declarations:

(1) The Government of the Republic considers that, in accordance with Article 103 of the Charter of the United Nations, in case of conflict between its obligations under the Covenant and its obligations under the Charter (especially Articles 1 and 2 thereof), its obligations under the Charter will prevail.

(2) The Government of the Republic declares that articles 6, 9, 11 and 13 are not to be interpreted as derogating from provisions governing the access of aliens to employment or as establishing residence requirements for the allocation of certain social benefits.

(3) The Government of the Republic declares that it will implement the provisions of article 8 in respect of the right to strike in conformity with article 6, paragraph 4, of the European Social Charter according to the interpretation thereof given in the annex to that Charter.

OBJECTIONS MADE TO OTHER STATES PARTIES RESERVATIONS AND DECLARATIONS

(Unless otherwise indicated, the objections were made upon ratification, accession or succession)

(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)

The Government of the Republic takes objection to the reservation entered by the Government of India to article 1 of the International Covenant on Economic, Social and Cultural Rights, as this reservation attaches conditions not provided for by the Charter of the United Nations to the exercise of the right of self-determination. The present declaration will not be deemed to be an obstacle to the entry into force of the Covenant between the French Republic and the Republic of India.

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30 September 1999

With regard to the declarations made by Bangladesh upon accession:

The Government of France notes that the ‘declarations' made by Bangladesh in fact constitute reservations since they are aimed at precluding or modifying the legal effect of certain provisions of the treaty. With regard to the declaration concerning article 1, the reservation places on the exercise of the right of peoples to self-determination conditions not provided for in the Charter of the United Nations. The declarations concerning articles 2 and 3 and articles 7 and 8, which render the rights recognized by the Covenant in respect of individuals subordinate to domestic law, are of a general nature and undermine the objective and purpose of the treaty. In particular, the country's economic conditions and development prospects should not affect the freedom of consent of intended spouses to enter into marriage, non-discrimination for reasons of parentage or other conditions in the implementation of special measures of protection and assistance on behalf of children and young persons, or the freedom of parents or legal guardians to choose schools for their children. Economic difficulties or problems of development cannot free a State party entirely from its obligations under the Covenant. In this regard, in compliance with article 10, paragraph 3, of the Covenant, Bangladesh must adopt special measures to protect children and young persons from economic and social exploitation, and the law must punish their employment in work harmful to their morals or health and should also set age limits below which the paid employment of child labour should be prohibited. Consequently, the Government of France lodges an objection to the reservations of a general scope mentioned above. This objection does not prevent the entry into force of the Covenant between Bangladesh and France.

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11 November 2005

With regard to the declaration made by Pakistan upon signature:

The Government of the French Republic has examined the declaration made by the Government of the Islamic Republic of Pakistan upon signing the International Covenant on Economic, Social and Cultural Rights, adopted on 16 December 1966, according to which 'The provisions of the Covenant shall be subject to the provisions of the constitution of the Islamic Republic of Pakistan'. Such a declaration is general in scope and unclear and could render the provisions of the Covenant null and void. The Government of the French Republic considers that the said declaration constitutes a reservation which is incompatible with the object and purpose of the Covenant and it therefore objects to that declaration. This objection does not preclude the entry into force of the Covenant between France and Pakistan.

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Note

See note 1 under “Germany” regarding Berlin (West) in the “Historical information” section in the front matter of [the electronic version on the website of the Multilateral Treaties Deposited with the Secretary-General; http://treaties.un.org/pages/HistoricalInfo.aspx. Ed. note: for text in Bayefsky.com, see Germany, CESCR, Reservations and Declarations, note 10].

(Note 9, Chapter IV.3, Multilateral Treaties Deposited with the Secretary-General)

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Note

With regard to the reservation made by Pakistan upon ratification, the Secetary-General received the following communications from the following States on the dates indicated hereinafter:

France (16 April 2009) The Government of the French Republic has examined the reservation made by the Government of the Islamic Republic of Pakistan upon ratification of the International Covenant on Economic, Social and Cultural Rights, which was adopted on 16 December 1966. The reservation states that “Pakistan, with a view to achieving progressively the full realization of the rights recognized in the present Covenant, shall use all appropriate means to the maximum of its available resources.” Although this declaration has been referred to as a “reservation”, it simply reformulates the content of article 2, paragraph 1, of the Covenant. Furthermore, it cannot have the effect of modifying the other provisions of the Covenant without constituting a reservation of general scope that is incompatible with the object and purpose of the Covenant. The Government of the French Republic therefore considers the “reservation” by Pakistan to be a mere declaration that is devoid of legal effect.

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(Note 27, Chapter IV.3, Multilateral Treaties Deposited with the Secretary-General)