MEXICO

DISABILITY

RESERVATIONS AND DECLARATIONS

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

Note

On 3 January 2012, the Government of the United Mexican States informed the Secretary-General that it had decided to withdraw the interpretative declaration made upon ratification. The text of the interpretative declaration reads as follows:

The Political Constitution of the United Mexican States, in its article 1, establishes that: “(...) any discrimination on the grounds of ethnic or national origin, gender, age, disability, social status, health, religion, opinion, preference, civil status or any other form of discrimination that is an affront to human dignity and is intended to deny or undermine the rights and freedoms of persons is prohibited”.

In ratifying this Convention, the United Mexican States reaffirms its commitment to promoting and protecting the rights of Mexicans who suffer any disability, whether they are within the national territory or abroad.

The Mexican State reiterates its firm commitment to creating conditions that allow all individuals to develop in a holistic manner and to exercise their rights and freedoms fully and without discrimination.

Accordingly, affirming its absolute determination to protect the rights and dignity of persons with disabilities, the United Mexican States interprets paragraph 2 of article 12 of the Convention to mean that in the case of conflict between that paragraph and national legislation, the provision that confers the greatest legal protection while safeguarding the dignity and ensuring the physical, psychological and emotional integrity of persons and protecting the integrity of their property shall apply, in strict accordance with the principle pro homine.

(Note 7, Chapter IV.15, Multilateral Treaties Deposited with the Secretary-General)

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)

22 October 2010

With regard to the reservation made by the Islamic Republic of Iran upon accession:

Having examined the declaration made by the Islamic Republic of Iran with respect to the Convention, the United Mexican States has concluded that the declaration is, in fact, a reservation. This reservation, which aims to exclude the legal effects of certain provisions of the Convention, is incompatible with the object and purpose of that instrument. Indeed, the declaration is worded in such a way that it could hinder the realization of normative provisions of the Convention, including those of articles 4 and 1, and thus is in breach of article 46 of the Convention and article 19 of the Vienna Convention on the Law of Treaties. It should be noted that article 27 of the Vienna Convention codified the principle of international law whereby a party may not invoke the provisions of its domestic law as justification for its failure to comply with a treaty. The claim that domestic laws take precedence over the provisions of treaties that are in force for the Parties is therefore inadmissible.

This objection shall not preclude the entry into force of the Convention between the Islamic Republic of Iran and the United Mexican States.