ROMANIA

CEDAW

RESERVATIONS AND DECLARATIONS

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

Note

On 2 April 1997, the Government of Romania notified the Secretary-General that it had decided to withdraw its reservation made with regard to article 29 of the Convention. For the text of the Convention, see United Nations, Treaty Series, vol. 1259, p. 437.

[Ed. note: as follows:

The Socialist Republic of Romania states that it does not consider itself to be bound by the provisions of article 29, paragraph 1, of the Convention, whereby any dispute between two or more States Parties concerning the interpretation or application of the Convention which is not settled by negotiation shall, at the request of one of them, be submitted to arbitration.

The Socialist Republic of Romania believes that such disputes shall be submitted to arbitration only with the consent of all States parties to the dispute, for specific case.]

(Note 53, Chapter IV.8, 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)

3 December 2003

With regard to the reservations made by the Syrian Arab Republic upon accession:

"The Government of Romania has examined the reservations made by the Government of the Syrian Arab Republic at the time of its accession to the Convention on the Elimination of all Forms of Discrimination against Women, regarding article 2, article 9, paragraph 2, article 15, paragraph 4, article 16 paragraph 1 (c), (d), (f) and (g), and article 16 paragraph 2.

The Government of Romania considers that the reservations to article 2, article 9, paragraph 2, article 15, paragraph 4, article 16 paragraph 1 (c), (d), (f) and (g), article 16 paragraph 2, of the Convention on the Elimination of all Forms of Discrimination against Women are incompatible with the object and purpose of the above-mentioned Convention, taking into account the provisions of article 19 (c) of the Vienna Convention on the Law of Treaties (1969).

As a consequence, the Government of Romania objects to the above-mentioned reservations made by the Syrian Arab Republic to the Convention on the Elimination of all Forms of Discrimination against Women.

This objection, however, shall not preclude the entry into force of the Convention between the Government of Romania and the Syrian Arab Republic."

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8 February 2007

With regard to the reservations made by Brunei Darussalam upon accession:

"The Government of Romania has carefully considered the reservations made by Brunei Darussalam on 24 May 2006 upon accession to the Convention on the Elimination of all Forms of Discrimination against Women (New York), 18 December 1979) and regards the reservation made to Article 9 para. 2 as incompatible with the object and purpose of the Convention, as, by its formulation, a certain form of discrimination against women is maintained and, implicitly, the inequality of rights between men and women is perpetuated.

Furthermore, the Government of Romania is of the opinion that the general reservation made by Brunei Darussalam subjects the application of the provisions of the Convention to their compatibility with the Islamic law and the fundamental law of this State. This reservation is, thus, problematic as it raises questions with regard to the actual obligations Brunei Darussalam understood to undertake by acceding to the Convention, and with regard to its commitment to the object and purpose of the Convention.

The Government of Romania recalls that, pursuant to Article 28 para. 2 of the Convention, a reservation incompatible with the object and purpose of the Convention shall not be permitted.

Consequently, the Government of Romania objects to the aforementioned reservations made by Brunei Darussalam to the Convention on the Elimination of all Forms of Discrimination against Women. This objection shall not preclude the entry into force of the Convention, in its entirety, between Romania and Brunei Darussalam.

The Government of Romania recommends to Brunei Darussalam to reconsider the reservations made to the Convention on the Elimination of all Forms of Discrimination against Women."

With regard to the reservations made by Oman upon accession:

"The Government of Romania has carefully considered the reservations made by the Sultanate of Oman on 7 February 2006 upon accession to the Convention on the Elimination of all Forms of Discrimination against Women (New York, 18 December 1979) and regards the reservations made to Article 9 para. 2, Article 15 para.4 and Article 16, sub-paragraphs a), c) and f) (concerning adoptions), as incompatible with the object and purpose of the Convention, as, by their formulation, various forms of discrimination against women are maintained and, implicitly, the inequality of rights between men and women is perpetuated.

Furthermore, the Government of Romania is of the opinion that the general reservation made by the Sultanate of Oman subjects the application of the provisions of the Convention to their compatibility with the Islamic law and the national legislation in force in the Sultanate of Oman. This reservation is, thus, problematic as it raises questions with regard to the actual obligations the Sultanate of Oman understood to undertake by acceding to the Convention, and with regard to its commitment to the object and purpose of the Convention.

The Government of Romania recalls that, pursuant to Article 28 para. 2 of the Convention, a reservation incompatible with the object and purpose of the Convention shall not be permitted.

Consequently, the Government of Romania objects to the aforementioned reservations made by the Sultanate of Oman to the Convention on the Elimination of all Forms of Discrimination against Women. This objection shall not preclude the entry into force of the Convention, in its entirety, between Romania and the Sultanate of Oman.

The Government of Romania recommends to the Sultanate of Oman to reconsider the reservations made to the Convention on the Elimination of all Forms of Discrimination against Women."

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14 April 2010

With regard to the reservations made by Qatar upon accession:

“The Government of Romania has carefully considered the reservations made by Qatar upon accession to the Convention on the Elimination of all Forms of Discrimination against Women (New York, 18 December 1979) and regards the reservations made to Article 9 paragraph 2, Article 15 paragraph 1 and paragraph 4 and Article 16, [ paragraph 1] (a), (c) and (f) as incompatible with the object and purpose of the Convention, since they maintain a certain form of discrimination against women and, implicitly, perpetuate the inequality of rights between men and women.

These reservations are contrary to Article 28, paragraph 2 of the Convention, which prohibits reservations incompatible with the object and purpose of the Convention.

Consequently, the Government of Romania objects to the aforementioned reservations made by Qatar to the Convention on the Elimination of all Forms of Discrimination against Women. This objection shall not preclude the entry into force of the Convention, in its entirety, between Romania and Qatar.”