SWEDEN

CRC OPTIONAL PROTOCOL (SALE OF CHILDREN)

RESERVATIONS AND DECLARATIONS

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

Upon signature:

Declaration:

"Reference is made to earlier statements submitted by the EU in connection with the Working group's ad-referendum adoption of the Optional Protocol on 4 February 2000 and the national statement submitted by Sweden at the same occasion as well as the Swedish statement submitted in connection with the adoption of the Protocol by the General Assembly on 25 May 2000. Furthermore Sweden interprets the words 'any representation' in article 2 c) as 'visual representation' ".

Upon ratification:

Declaration:

"...Sweden interprets the word "any representation"in article 2 c) of the Protocol as "visual representation".

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)

27 November 2002

With regard to the reservation made by Qatar upon accession:

"The Government of Sweden has examined the reservation made by Qatar upon acceding to the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography.

The Government of Sweden notes that the Protocol is being made subject to a general reservation of unlimited scope referring to the contents of Islamic sharia.

The Government of Sweden is of the view that this reservation which does not clearly specify the provisions of the Convention to which it applies, and the extent of the derogation therefrom, raises serious doubts as to the commitment of Qatar to the object and purpose of the Protocol. The Government of Sweden would like to recall that, according to customary international law as codified in the Vienna Convention on 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 the Government of Qatar 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 shall not preclude the entry into force of the Convention between Qatar and Sweden. The Convention enters into force in its entirety between the two States, without Qatar benefiting from its reservation."

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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."