TURKEY

CRC OPTIONAL PROTOCOL (SALE OF CHILDREN)

RESERVATIONS AND DECLARATIONS

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

Declaration:

"The Republic of Turkey declares that it will implement the provisions of the existing Optional Protocol only to the States Parties which it recognizes and with which it has diplomatic relations".

OBJECTIONS MADE TO STATE PARTY'S RESERVATIONS AND DECLARATIONS

Sweden, 11 July 2003

With regard to the declaration made by Turkey upon ratification:

"The Government of Sweden has examined the declaration made by Turkey upon ratifying the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.

The declaration states that Turkey will implement the provisions of the Optional Protocol only to the States Parties which it recognises and with which it has diplomatic relations. This statement in fact amounts, in the view of the Government of Sweden, to a reservation. The reservation makes it unclear to what extent Turkey considers itself bound by the obligations of the Optional Protocol. In absence of further clarification, therefore, the reservation raises doubt as to the commitment of Turkey to the object and purpose of the Optional Protocol.

The Government of Sweden would like to recall that, according to customary international law as codified in the Vienna Convention of the Law of Treaties, a reservation incompatible with the object and purpose of a treaty shall 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 Government of Sweden therefore objects to the aforesaid reservation made by Turkey to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.

This objection does not preclude the entry into force of the Optional Protocol between Turkey and Sweden. The Optional Protocol enters into force in its entirety between the two States, without Turkey benefiting from its reservation."

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Cyprus, 12 August 2003

With regard to the declaration made by Turkey upon ratification:

"...The Government of the Republic of Cyprus has examined the declaration made by the Government of the Republic of Turkey upon ratifying the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography on 19 August 2002, in respect of the implementation of the provisions of the Convention only to the States Parties which it recognizes and with which it has diplomatic relations.

In the view of the Government of the Republic of Cyprus, this declaration amounts to a reservation. This reservation creates uncertainty as to the States Parties in respect of which Turkey is undertaking the obligations in the Convention and raises doubt as to the commitment of Turkey to the object and purpose of the said Optional Protocol. The Government of the Republic of Cyprus therefore objects to the reservation made by the Government of the Republic of Turkey to the Optional Protocol to the Convention of the Rights of the Child on the sale of children, child prostitution and child pornography.

This reservation or the objection to it shall not preclude the entry into force of the Convention between the Republic of Cyprus and the Republic of Turkey."