| 14-01-2026 |
Partij |
Partij
Andorra gewijzigd
-
toegevoegd voorbehoud 17-12-2025 In accordance with Article 78, paragraph 4, of the Council of Europe Convention on
preventing and combating violence against women and domestic violence, the Principality
of Andorra has decided to wholly withdraw the following reservation: “In accordance
with Article 78, paragraph 2, of the Convention, Andorra reserves the right not to
apply the provisions laid down in Article 30, paragraph 2, of the Convention.”
|
| 14-05-2025 |
Partij |
Partij
Duitsland gewijzigd
-
verwijderd voorbehoud 11-05-2011 In accordance with Article 78, paragraph 2, of the Convention, the Federal Republic
of Germany reserves the right not to apply the provisions laid down in Article 59,
paragraphs 2 and 3, of the Convention. This reservation has been renewed by Germany
for a period of five years. The renewal took effect as from 1 August 2018.
Malta gewijzigd
-
verwijderd voorbehoud 25-04-2018 In accordance with Article 78, paragraph 4, of the Convention, the Government of Malta
would like to withdraw its reservation made with regard to Article 59 of the Council
of Europe Convention on preventing and combating violence against women and domestic
violence.
Monaco gewijzigd
-
verwijderd voorbehoud 31-10-2024 The Principality of Monaco wishes to lift the reservation concerning the right not
to apply Article 30, paragraph 2, of the Council of Europe Convention on Preventing
and Combating Violence against Women and Domestic Violence following the adoption
of Law No. 1.555 of 14 December 2023 on compensation for victims of sexual offences,
crimes and misdemeanours against children, domestic violence and other offences against
persons, which has now made it possible to ensure compensation for victims.
Polen gewijzigd
-
verwijderd voorbehoud 28-01-2021 Having regard to the Articles 78 and 79 of the Council of Europe Convention on preventing
and combating violence against women and domestic violence, the Republic of Poland
notifies the decision to modify the scope of application of the aforementioned Convention
in respect of the Republic of Poland, by extending for a further period of five years
the reservation to Article 55 thereof: “In accordance with Article 78, paragraph 2,
the Republic of Poland reserves hereby that Article 55, paragraph 1, of the Convention
shall not be applied in respect of Article 35 regarding minor offences.” and by modifying
the reservations to Articles 30.2 and 44.1 thereof: “In accordance with Article 78,
paragraph 2, the Republic of Poland reserves hereby that Article 30, paragraph 2,
of the Convention shall be applied solely in regard of victims whose habitual residence
is the Republic of Poland or other Member States of the European Union and in accordance
with a procedure provided for by national law. In accordance with Article 78, paragraph
2, the Republic of Poland reserves the right not to apply Article 44, paragraph 1.e,
of the Convention except for the cases when the jurisdiction over foreigners results
from Polish law.”
verwijderd voorbehoud 28-01-2021 Having regard to the Articles 78 and 79 of the Council of Europe Convention on preventing
and combating violence against women and domestic violence, the Republic of Poland
notifies the decision to modify the scope of application of the aforementioned Convention
in respect of the Republic of Poland, by withdrawing the reservation to Article 58
thereof.
|
| 22-01-2025 |
Partij |
Partij
Letland gewijzigd
-
toegevoegd voorbehoud 10-01-2024 In accordance with Article 78, paragraph 2, of the Convention, the Republic of Latvia
declares that it reserves the right not to apply the provisions of paragraph 1 of
Article 55 in respect of Article 35 regarding minor offences. The Republic of Latvia
considers that the aim of the Convention is the protection of women against all forms
of violence, as well as the prevention, prosecution and elimination of violence against
women and domestic violence. The Republic of Latvia declares that it will apply the
Convention in accordance with the values, principles and norms within the limits determined
by the Constitution of the Republic of Latvia, in particular with regard to the protection
of human rights, equality of women and men, and the protection and support of marriage,
the family, the rights of parents and rights of the child. The Republic of Latvia
emphasizes that the term "gender" included in the Convention shall not be considered
to be relating to an obligation to introduce any other understanding of sex (women
and men) in the legal and educational system of the Republic of Latvia and shall not
impose an obligation to interpret the norms and values established in the Constitution
of the Republic of Latvia differently.
toegevoegd bezwaar op voorbehoud
Bezwaar Duitsland, 07-01-2025
The Government of the Federal Republic of Germany has carefully examined the declaration
made by the Republic of Latvia on 10 January 2024 upon ratification of the Istanbul
Convention. The Government of the Federal Republic of Germany considers that the declaration
constitutes a reservation, as far as it provides for the application of the Istanbul
Convention as a whole only in accordance with the values, principles and norms within
the limits determined by the Constitution of the Republic of Latvia. This reservation
is of a general and indeterminate nature and does not enable the other States Parties
to identify the extent to which the declarant has accepted the obligation of the Istanbul
Convention. In the view of the Government of the Federal Republic of Germany it is
incompatible with Article 78, paragraph 1, of the Istanbul Convention, according to
which reservations are permissible only in respect of a limited and specified number
of provisions of the Istanbul Convention. The Government of the Federal Republic of
Germany therefore objects to this reservation, which is inadmissible. This objection
does not preclude the entry into force of the Istanbul Convention between the Federal
Republic of Germany and the Republic of Latvia.
Bezwaar Finland, 10-01-2025
The Government of the Republic of Finland was pleased to learn that the Republic of
Latvia has become Party to the Council of Europe Convention on preventing and combating
violence against women and domestic violence (hereinafter “the Convention”). However,
the Government of the Republic of Finland has carefully examined the declaration made
by the Republic of Latvia upon ratification of the Convention and is of the view that
it raises certain concerns. The Government of the Republic of Finland notes that the
second sentence of the declaration seems to in fact amount to a reservation as it
subjects the application of the Convention to the values, principles and norms, within
the limits determined by the Constitution of the Republic of Latvia. The Government
of the Republic of Finland is of the view that the reservation is incompatible with
Article 78, paragraph 1, of the Convention, according to which reservations are only
permitted with regard to a limited and specified number of articles. Furthermore,
a reservation, which consists of a general reference to national law, may cast doubts
of the full commitment of the reserving State to the object and purpose of the Convention.
Thus, the reservation made by the Republic of Latvia seems to be incompatible with
both Article 78 and the object and purpose of the Convention. According to Article
19 of the Vienna convention on the Law of Treaties, such reservation shall not be
permitted. Therefore, the Government of the Republic of Finland objects to the abovementioned
part of the declaration which amounts to an inadmissible reservation. This objection
shall not preclude the entry into force of the Convention between the Republic of
Finland and the Republic of Latvia. The Convention will thus continue to operate between
the two States without the Republic of Latvia benefiting from the said reservation.
Bezwaar Nederlanden, het Koninkrijk der, 09-01-2025
The Government of the Kingdom of the Netherlands has carefully examined the declaration
made by the Republic of Latvia on 10 January 2024 upon ratification of the Council
of Europe Convention on preventing and combating violence against women and domestic
violence, opened for signature, in Istanbul, on 11 May 2011 [...]. The Government
of the Kingdom of the Netherlands notes that, in the second paragraph of its declaration,
the Republic of Latvia subjects the application of the Convention to the values, principles
and norms within the limits determined by the Constitution of the Republic of Latvia,
which in fact amounts to a reservation. The Government of the Kingdom of the Netherlands
considers that such a reservation, which seeks to limit the responsibilities of the
reserving State under the Convention by general reference to national law, raises
doubts as to the commitment of that State to the object and purpose of the Convention.
The Government of the Kingdom of the Netherlands further recalls that according to
Article 78, paragraph 1, of the Convention, reservations are only permitted with regard
to a limited and specified number of articles. The Government of the Kingdom of the
Netherlands therefore objects to this part of the declaration which amounts to an
inadmissible reservation. This objection shall not preclude the continued application
of the Convention between the Kingdom of the Netherlands and the Republic of Latvia.
Bezwaar Noorwegen, 07-01-2025
The Government of the Kingdom of Norway has carefully examined the declaration made
by the Republic of Latvia upon ratification of the Council of Europe Convention on
preventing and combating violence against women and domestic violence of 11 May 2011,
in which the Republic of Latvia inter alia declares: “The Republic of Latvia considers
that the aim of the Convention is the protection of women against all forms of violence,
as well as the prevention, prosecution and elimination of violence against women and
domestic violence. The Republic of Latvia declares that it will apply the Convention
in accordance with the values, principles and norms within the limits determined by
the Constitution of the Republic of Latvia, in particular with regard to the protection
of human rights, equality of women and men, and the protection and support of marriage,
the family, the rights of parents and rights of the child.” The Government of the
Kingdom of Norway notes that this declaration seems to amount to a reservation. The
Government of the Kingdom of Norway notes that according to Article 78, paragraph
1, of the Convention, reservations are only permitted with regard to a limited and
specified number of Articles. By invoking a general reference to the national Constitution
without further description of its content, the Republic of Latvia deprives the other
States Parties to the Convention of the possibility of assessing the full effects
of the declaration. The Government of the Kingdom of Norway considers that the reservation
in its present form, which subjects the application of the Convention to the limits
determined by the Constitution of Latvia, may cast doubts as to the commitment of
the reserving State to the object and purpose of the Convention. 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. The Government of the Kingdom of Norway
therefore objects to the aforesaid declaration. This objection shall not preclude
the entry into force of the Convention between the Kingdom of Norway and the Republic
of Latvia, without the Republic of Latvia benefiting from the aforesaid reservation.
Bezwaar Oostenrijk, 30-12-2024
The Government of Austria has carefully examined the declaration made by Latvia upon
ratification of the Council of Europe Convention on preventing and combating violence
against women and domestic violence on 10 January 2024. Austria considers the second
paragraph of the declaration to amount to a reservation, because it aims to apply
the obligations of the Convention as determined by the Constitution of the Republic
of Latvia. This reservation is impermissible according to Article 78, paragraph 1,
of the Convention, that permits reservations to this Convention only with regard to
a limited and specified number of articles. Furthermore, Austria also considers that
by referring to the values, principles and norms of the Latvian Constitution, Latvia
has made a reservation of a general and indeterminate scope. This reservation does
not clearly define for the other State Parties to the Convention the extent to which
the reserving State has accepted the obligation of the Convention. Austria therefore
considers the reservation to be incompatible with the object and purpose of the Convention
and objects to it. This objection shall not preclude the entry into force of the Convention
between the Republic of Austria and the Republic of Latvia.
Bezwaar Zweden, 10-01-2025
The Government of Sweden has examined the declaration made by the Republic of Latvia
upon ratification of the Council of Europe Convention on preventing and combating
violence against women and domestic violence, according to which the Republic of Latvia
subjects the application of the Convention to the values, principles and norms within
the limits determined by the Constitution of the Republic of Latvia. Sweden considers
that the aforementioned declaration, in part, in fact amounts to a reservation. According
to Article 78 of the Convention, reservations are only permitted to a limited and
specified number of articles. In its present formulation, the reservation made by
the Republic of Latvia seems to be incompatible with Article 78 of the Convention.
For this reason, the Government of Sweden objects to the aforementioned reservation.
This objection does not preclude the entry into force of the Convention between Sweden
and the Republic of Latvia, without the Republic of Latvia benefitting from its reservation.
|
| 08-01-2025 |
Partij |
Partij
Letland gewijzigd
- Bezwaren: Ja
-
toegevoegd voorbehoud 10-01-2024 In accordance with Article 78, paragraph 2, of the Convention, the Republic of Latvia
declares that it reserves the right not to apply the provisions of paragraph 1 of
Article 55 in respect of Article 35 regarding minor offences. The Republic of Latvia
considers that the aim of the Convention is the protection of women against all forms
of violence, as well as the prevention, prosecution and elimination of violence against
women and domestic violence. The Republic of Latvia declares that it will apply the
Convention in accordance with the values, principles and norms within the limits determined
by the Constitution of the Republic of Latvia, in particular with regard to the protection
of human rights, equality of women and men, and the protection and support of marriage,
the family, the rights of parents and rights of the child. The Republic of Latvia
emphasizes that the term "gender" included in the Convention shall not be considered
to be relating to an obligation to introduce any other understanding of sex (women
and men) in the legal and educational system of the Republic of Latvia and shall not
impose an obligation to interpret the norms and values established in the Constitution
of the Republic of Latvia differently.
toegevoegd bezwaar op voorbehoud
Bezwaar Zwitserland, 19-12-2024
The Permanent Representation of Switzerland to the Council of Europe [...], with reference
to the ratification by Latvia on 10 January 2024 of the Council of Europe Convention
on preventing and combating violence against women and domestic violence of 11 May
2011 […], has the honour to notify hereby the following objection made by Switzerland:
The Swiss Federal Council has examined the declarations made by Latvia upon ratification
of the Council of Europe Convention on preventing and combating violence against women
and domestic violence of 11 May 2011, in particular the following declaration: “The
Republic of Latvia declares that it will apply the Convention in accordance with the
values, principles and norms within the limits determined by the Constitution of the
Republic of Latvia, in particular with regard to the protection of human rights, equality
of women and men, and the protection and support of marriage, the family, the rights
of parents and rights of the child.” The Swiss Federal Council considers that this
declaration amounts in fact to a reservation. Under Article 78 of the Convention,
no reservations are permitted to the provisions of the Convention, with a limited
number of exceptions provided for in this article. The declaration made by Latvia
goes beyond what is permitted by the Convention. It is in the common interest of States
that the instruments to which they have chosen to become Parties are respected by
all Parties and that States are prepared to fulfil their treaty obligations. The Swiss
Federal Council therefore objects to the above-mentioned declaration by Latvia. This
objection shall not preclude the entry into force of the Convention between Switzerland
and Latvia.
|
| 12-12-2024 |
Partij |
Partij
Zwitserland gewijzigd
-
toegevoegd voorbehoud 05-12-2024 The Permanent Representation of Switzerland to the Council of Europe […] has the honour
to notify hereby the withdrawal of the following reservation made by Switzerland:
“In accordance with Article 78, paragraph 2, of the Convention, Switzerland reserves
the right (...) not to apply, or to apply only in specific cases or conditions, the
provisions established in Article 59." The amendment to the Act on Foreign Nationals
and Integration (LEI; RS 142.20), aimed at better protecting foreign nationals who
are victims of domestic violence, was adopted by Parliament on 14 June 2024 (Federal
Gazette 2024 1449 https://www.fedlex.admin.ch/eli/fga/2024/1449/fr). The entry into
force of this amendment to the LEI on 1 January 2025 thus allows the withdrawal of
the reservation to Article 59 of the Convention. In application of Article 78, paragraph
4, of the Convention, Switzerland therefore withdraws the entire reservation relating
to Article 59, with effect from 1 January 2025. Switzerland's other reservations are
maintained in their entirety.
|
| 06-11-2024 |
Partij |
Partij
Monaco gewijzigd
-
toegevoegd voorbehoud 31-10-2024 The Principality of Monaco wishes to lift the reservation concerning the right not
to apply Article 30, paragraph 2, of the Council of Europe Convention on Preventing
and Combating Violence against Women and Domestic Violence following the adoption
of Law No. 1.555 of 14 December 2023 on compensation for victims of sexual offences,
crimes and misdemeanours against children, domestic violence and other offences against
persons, which has now made it possible to ensure compensation for victims.
|
| 06-04-2024 |
Partij |
Partij
Ierland gewijzigd
-
toegevoegd voorbehoud 28-03-2024 Pursuant to Article 79, paragraph 2, of the Convention, the Government of Ireland
declares that it withdraws its reservation, insofar as it related to Article 30, paragraph
2, of the Convention, and upholds its reservation in respect of Article 44, paragraph
3, of the Convention.
|
| 24-01-2024 |
Partij |
Partij
Letland gewijzigd
-
toegevoegd voorbehoud 10-01-2024 In accordance with Article 78, paragraph 2, of the Convention, the Republic of Latvia
declares that it reserves the right not to apply the provisions of paragraph 1 of
Article 55 in respect of Article 35 regarding minor offences. The Republic of Latvia
considers that the aim of the Convention is the protection of women against all forms
of violence, as well as the prevention, prosecution and elimination of violence against
women and domestic violence. The Republic of Latvia declares that it will apply the
Convention in accordance with the values, principles and norms within the limits determined
by the Constitution of the Republic of Latvia, in particular with regard to the protection
of human rights, equality of women and men, and the protection and support of marriage,
the family, the rights of parents and rights of the child. The Republic of Latvia
emphasizes that the term "gender" included in the Convention shall not be considered
to be relating to an obligation to introduce any other understanding of sex (women
and men) in the legal and educational system of the Republic of Latvia and shall not
impose an obligation to interpret the norms and values established in the Constitution
of the Republic of Latvia differently.
|
| 23-01-2024 |
Partij |
Partij
Letland gewijzigd
- Ratificatie: 10-01-2024 (R)
- In werking: 01-05-2024
|
| 25-07-2023 |
Partij |
Partij
Oekraïne gewijzigd
- Bezwaren: Ja
-
toegevoegd voorbehoud 18-07-2022 In accordance with Article 78, paragraph 2, of the Convention, Ukraine reserves the
right not to apply the provisions of Article 30, paragraph 2, of the Convention until
national legislation is brought into conformity with the specified provisions of the
Convention. In accordance with Article 62, paragraph 3, the Convention is a legal
basis for cooperation in the area of mutual legal assistance in criminal matters,
extradition or enforcement of civil or criminal judgments in case of receiving a request
from a State Party to the Convention with which Ukraine has no treaty on mutual legal
assistance in criminal matters, extradition or enforcement of civil or criminal judgments.
Ukraine recognizes that the purpose of the Convention is to protect women against
all forms of violence, and prevent, prosecute, and eliminate violence against women
and domestic violence, which is also committed against men and children (boys and
girls). Ukraine does not consider any of the provisions of the Convention as obliging
to amend the Constitution of Ukraine and the Family Code of Ukraine, other laws of
Ukraine regarding the institutions of marriage, family and adoption, as well as interfering
with the right of parents to upbring their children in accordance with their own beliefs.
Ukraine notes that in accordance with the Constitution of Ukraine, no ideology is
recognized by the State as mandatory and is not subject to introduction. Ukraine declares
that it will apply the Convention in accordance with the values, principles and norms
within the limits determined by the Constitution of Ukraine, in particular with regard
to the protection of human rights and fundamental freedoms, equality of the rights
and opportunities of women and men, gender identity, the formation of responsible
motherhood and fatherhood, the support of family and the protection of childhood.
Ukraine declares that as a result of the full-scale armed aggression of the Russian
Federation, the implementation by Ukraine of the obligations under the Convention
in the temporarily occupied territories, in the Autonomous Republic of Crimea and
in the city of Sevastopol is not guaranteed until the complete restoration of the
constitutional order by Ukraine in these territories. Any bodies, their officials
and officials in the temporarily occupied territories, in the Autonomous Republic
of Crimea and the city of Sevastopol are illegitimate and their activities are illegal,
if these bodies are created or persons are elected or appointed in a manner not provided
for by the Constitution and laws of Ukraine, and any acts (decisions, documents) adopted
by them are invalid and do not create any legal consequences.
toegevoegd bezwaar op voorbehoud
Bezwaar Duitsland, 20-07-2023
The Government of the Federal Republic of Germany has carefully examined the declaration
made by Ukraine on 18 July 2022 upon ratification of the Council of Europe Convention
on preventing and combating violence against women and domestic violence (“the Istanbul
Convention”). The Government of the Federal Republic of Germany considers that the
declaration constitutes a reservation, as far as it places the obligation to apply
the Istanbul Convention as a whole under the condition of its compatibility with the
Constitution of Ukraine. This reservation is of a general and indeterminate nature
and, in the view of the Government of the Federal Republic of Germany, incompatible
with Article 78, paragraph 1, of the Istanbul Convention. Accordingly, reservations
are permissible only in respect of a limited and specified number of provisions of
the Istanbul Convention. Moreover, the Government of the Federal Republic of Germany
is of the opinion that Ukraine, by the declared reference to its Constitution and
family law legislation, has declared a reservation of general and indetermined scope.
This reservation does not clearly define for the other States Parties the extent to
which the declarant has accepted the obligations of the Istanbul Convention. The Government
of the Federal Republic of Germany therefore objects to this reservation, which is
inadmissible. This objection does not preclude the entry into force of the Convention
between the Federal Republic of Germany and Ukraine.
Bezwaar Finland, 20-07-2023
The Government of the Republic of Finland was pleased to learn that Ukraine has become
Party to the Council of Europe Convention on preventing and combating violence against
women and domestic violence (hereinafter “the Convention”). However, the Government
of the Republic of Finland has carefully examined the declaration made by Ukraine
upon ratification of the Convention and is of the view that it raises certain concerns.
According to the declaration, Ukraine “will apply the Convention in accordance with
the values, principles and norms within the limits determined by the Constitution
of Ukraine, in particular with regard to the protection of human rights and fundamental
freedoms, equality of the rights and opportunities of women and men, gender identity,
the formation of responsible motherhood and fatherhood, the support of family and
the protection of childhood”. Ukraine also states that it does not consider any of
the provisions of the Convention as obliging to amend the Constitution of Ukraine
and the Family Code of Ukraine, other laws of Ukraine regarding the institutions of
marriage, family and adoption, as well as interfering with the right of parents to
upbring their children in accordance with their own beliefs. The Government of the
Republic of Finland notes that the abovementioned parts of the declaration seem to
in fact amount to a reservation as they subject the application of the Convention
to the values, principles and norms of the Constitution of Ukraine. The Government
of the Republic of Finland is of the view that the reservation is incompatible with
Article 78, paragraph 1, of the Convention, according to which reservations are only
permitted with regard to a limited and specified number of Articles. Furthermore,
a reservation, which consists of a general reference to national law, may cast doubt
on the full commitment of the reserving State to the object and purpose of the Convention.
In its present formulation, the reservation made by Ukraine seems to be incompatible
with both Article 78 and the object and purpose of the Convention. According to Article
19 of the Vienna Convention on the Law of Treaties, such reservations shall not be
permitted. Therefore, the Government of the Republic of Finland objects to the abovementioned
reservation made by Ukraine. This objection does not preclude the entry into force
of the Convention between the Republic of Finland and Ukraine. The Convention will
thus continue to operate between the two States without Ukraine benefiting from the
said reservation.
Bezwaar Nederlanden, het Koninkrijk der, 18-07-2023
The Government of the Kingdom of the Netherlands has carefully examined the declaration
made by Ukraine on 18 July 2022 upon ratification of the Council of Europe Convention
on preventing and combating violence against women and domestic violence, opened for
signature, in Istanbul, on 11 May 2011, and has the honour to communicate the following.
The Government of the Kingdom of the Netherlands notes that in the fourth, fifth and
sixth paragraph of its declaration Ukraine subjects the application of the Convention
to the principles and the provisions of the Constitution of Ukraine, which in fact
amounts to a reservation. The Government of the Kingdom of the Netherlands considers
that such a reservation, which seeks to limit the responsibilities of the reserving
State under the Convention by general reference to national law, raises doubts as
to the commitment of that State to the object and purpose of the Convention. The Government
of the Kingdom of the Netherlands further recalls that according to Article 78, paragraph
1, of the Convention, reservations are only permitted with regard to a limited and
specified number of articles. The Government of the Kingdom of the Netherlands therefore
objects to this reservation. This objection shall not preclude the continued application
of the Convention between the Kingdom of the Netherlands and Ukraine.
Bezwaar Noorwegen, 20-07-2023
The Government of the Kingdom of Norway has carefully examined the declaration made
by the Republic of Ukraine upon ratification of the Council of Europe Convention on
preventing and combating violence against women and domestic violence, in which the
Republic of Ukraine declares: “Ukraine declares that it will apply the Convention
in accordance with the values, principles and norms within the limits determined by
the Constitution of Ukraine, in particular with regard to the protection of human
rights and fundamental freedoms, equality of the rights and opportunities of women
and men, gender identity, the formation of responsible motherhood and fatherhood,
the support of family and the protection of childhood.” Ukraine also declares that
it “does not consider any of the provisions of the Convention as obliging to amend
the Constitution of Ukraine and the Family Code of Ukraine, other laws of Ukraine
regarding the institutions of marriage, family and adoption, as well as interfering
with the right of parents to upbring their children in accordance with their own beliefs.”
Norway notes that this declaration seems to amount to a reservation. The Government
of Norway notes that according to Article 78, paragraph 1, of the Convention, reservations
are only permitted with regard to a limited and specified number of Articles. By invoking
a general reference to the national Constitution without further description of its
content, the Republic of Ukraine exempts the other States Parties to the Convention
from the possibility of assessing the full effects of the declaration. The Government
of Norway considers that the declaration/reservation in its present form, which subjects
the application of the Convention to values, principles and norms within the limits
determined by the Constitution of Ukraine, may cast doubts as to the commitment of
the declaring/reserving State to the object and purpose of the Convention. 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. The Government of Norway
therefore objects to the aforesaid declaration. This objection shall not preclude
the entry into force of the Convention between the Kingdom of Norway and the Republic
of Ukraine, without the Republic of Ukraine benefiting from the aforesaid reservation.
Bezwaar Oostenrijk, 20-07-2023
The Government of Austria has carefully examined the declaration made by Ukraine upon
ratification of the Council of Europe Convention on preventing and combating violence
against women and domestic violence on 18 July 2022. Austria considers the declaration
to amount to a reservation, because it aims to apply the obligations of the Convention
as determined by the Constitution of Ukraine and the Family Code of Ukraine. This
reservation is not permissible in accordance with Article 78, paragraph 1, of the
Convention that permits reservations to this Convention only with regard to a limited
and specified number of articles. Furthermore, Austria also considers that by referring
to the principles and provisions of the Constitution of Ukraine and the Ukrainian
Family Code, Ukraine has made a reservation of a general and indeterminate scope.
This reservation does not clearly define for the other States Parties to the Convention
the extent to which the reserving State has accepted the obligations of the Convention.
Austria therefore considers the reservation incompatible with the object and purpose
of the Convention and objects to it. This objection does not preclude the entry into
force of the Convention between the Republic of Austria and Ukraine.
Bezwaar Zweden, 21-07-2023
The Government of Sweden has examined the declaration made by Ukraine upon ratification
of the Council of Europe Convention on preventing and combating violence against women
and domestic violence, according to which Ukraine subjects the application of the
Convention to the values, principles and norms of the Constitution of Ukraine. Sweden
considers that the aforementioned declaration, in part, in fact to amounts to a reservation.
According to Article 78 of the Convention, reservations are only permitted to a limited
and specified number of articles. In its present formulation, the reservation made
by Ukraine seems to be incompatible with Article 78 of the Convention. For this reason,
the Government of Sweden objects to the aforementioned reservation. This objection
does not preclude the entry into force of the Convention between Sweden and Ukraine,
without Ukraine benefitting from its reservation.
Bezwaar Zwitserland, 21-07-2023
The Swiss Federal Council has examined the declarations made by Ukraine upon ratification
of the Council of Europe Convention on preventing and combating violence against women
and domestic violence of 11 May 2011, notably the following declarations: “Ukraine
does not consider any of the provisions of the Convention as obliging to amend the
Constitution of Ukraine and the Family Code of Ukraine, other laws of Ukraine regarding
the institutions of marriage, family and adoption, as well as interfering with the
right of parents to upbring their children in accordance with their own beliefs.”
and “Ukraine will apply the Convention in accordance with the values, principles and
norms within the limits determined by the Constitution of Ukraine, in particular with
regard to the protection of human rights and fundamental freedoms, equality of the
rights and opportunities of women and men, gender identity, the formation of responsible
motherhood and fatherhood, the support of family and the protection of childhood”.
The Swiss Federal Council considers that these declarations de facto amount to reservations.
Under Article 78 of the Convention, no reservations are permitted in respect of the
provisions of the Convention, with a limited number of exceptions provided for in
this article. The declarations made by Ukraine go beyond what is permitted by the
Convention. It is in the common interest of States that the instruments to which they
have chosen to become Parties are respected by all Parties and that States are prepared
to fulfil their treaty obligations. Therefore, the Swiss Federal Council objects to
the above-mentioned declarations by Ukraine. This objection shall not preclude the
entry into force of the Convention, in its entirety, between Switzerland and Ukraine.
|