POLAND


CRC OPTIONAL PROTOCOL (ARMED CONFLICT)


RESERVATIONS AND DECLARATIONS

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


Declaration:


The Government of the Republic of Poland, with the regard to article 3, paragraph 2 of the Protocol, declares that:


under the Polish law the minimum age in the case of obligatory recruitment of the Polish citizens into the national Armed Forces is eighteen (18) years. 2. under the Polish law the minimum age for the voluntary recruitment of the Polish citizens into the national Armed Forces is seventeen (17) years. Joining the Polish Armed Forces is really voluntary and a candidate is obliged to show a special document certifying the date of his/her birth. Moreover the consent of the person's parents or legal guardians is required before the admission to the service.


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)


1 December 2005


With regard to the reservations made by Oman upon accession:


"The Government of the Republic of Poland [has] examined the reservation made by the Government of the Sultanate of Oman upon accession to the Optional Protocol to the Convention on the Rights of the Child as regards the participation of children in armed conflicts, which confirms that the reservations made to the Convention are currently valid. The above mentioned reservations refer in general to all the provisions of the Convention which are not in accordance with Islamic Law of the legislation of the Sultanate of Oman and stipulate that the provisions of the Convention should be applied within the limits imposed by the materials resources available.


The Government of the Republic of Poland considers that reservations do not specify the extent to which the Sultanate of Oman has accepted the obligations of the Convention are contrary to the object and purpose of the Protocol, i.e., to guarantee better protection of the rights of the child set forth in the Convention. The Government of the Republic of Poland would like to note that pursuant to article 19 of the Vienna Convention on the Law of Treaties, any reservations contrary to the scope and purpose of the treaty are unacceptable.


The Government of Poland therefore objects to the aforesaid reservation made by the Government of the Sultanate of Oman to the Optional Protocol.


However, this objection shall not preclude the entry into force of the Optional Protocol between the Republic of Poland and the Sultanate of Oman."



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