STATUS REPORT

OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE CHILD ON THE SALE OF CHILDREN, CHILD PROSTITUTION AND CHILD PORNOGRAPHY

(New York, 25/05/2000)

ENTRY INTO FORCE : 18 JANUARY 2002

Depositary: Secretary-General of the United Nations

Last updated by PacLII: 9/5/2006
Parties Date of Signature Date of ratification
/
Other
Entry Into Force Domestication Legislation
(where available)
Nauru 08 Sep 2000      
Vanuatu   10 May 2007 Rt    
 
Afghanistan   19 Sep 2002 a    
Andorra 7 Sep 2000 30 Apr 2001 Rt    
Antigua and Barbuda 18 Dec 2001 30 Apr 2002 Rt    
Argentina [#] 1 Apr 2002 25 Sep 2003 Rt    
Armenia 24 Sep 2003 30 Jun 2005 Rt    
Australia 18 Dec 2001      
Austria [#] 06 Sep 2000      
Azerbaijan 08 Sep 2000 03 Jul 2002 Rt    
Bahrain   21 Sep 2004 a    
Bangladesh 6 Sep 2000 06 Sep 2000 Rt    
Belarus [#]   23 Jan 2002 a    
Belgium [#] 6 Sep 2000      
Belize 6 Sep 2000 1 Dec 2003 Rt    
Benin 22 Feb 2001 31 Jan 2005 Rt    
Bhutan 15 Sep 2005      
Bolivia 10 Nov 2001 3 Jun 2003 Rt    
Bosnia and Herzegovina 7 Sep 2000 4 Sep 2002 Rt    
Botswana   24 Sep 2003 a    
Brazil 6 Sep 2000 27 Jan 2004 Rt    
Bulgaria 8 Jun 2001 12 Feb 2002 Rt    
Burkina Faso 16 Nov 2001 31 Mar 2006 Rt    
Cambodia 27 Jun 2000 30 May 2002 Rt    
Cameroon 5 Oct 2001      
Canada 10 Nov 2001 14 Sep 2005 Rt    
Cape Verde   10 May 2002 a    
Chad 8 May 2002 28 Aug 2002 Rt    
Chile 28 Jun 2000 6 Feb 2003 Rt    
China 6 Sep 2000 3 Dec 2002 Rt    
Colombia [#] 6 Sep 2000 11 Nov 2003 Rt    
Costa Rica 7 Sep 2000 9 Apr 2002 Rt    
Croatia 8 May 2002 13 May 2002 Rt    
Cuba 13 Oct 2000 25 Sep 2001 Rt    
Cyprus [#] 8 Feb 2001 6 Apr 2006    
Czech Republic 26 Jan 2005      
Democratic Republic of the Congo   11 Nov 2001 a    
Denmark [#] 07 Sep 2000 24 Jul 2003 Rt    
Dominica   20 Sep 2002 a    
Ecuador 06 Sep 2000 30 Jan 2004 Rt    
Egypt   12 Jul 2002 a    
El Salvador [#] 13 Sep 2002 17 May 2004    
Equatorial Guinea   07 Feb 2003 a    
Eritea   16 Feb 2005 a    
Estonia 24 Sep 2003 3 Aug 2004 Rt    
Finland 7 Sep 2000      
France [#] 6 Sep 2000 5 Feb 2003 Rt    
Gabon 8 Sep 2000      
Gambia 21 Dec 2000      
Georgia   28 Jun 2005 a    
Germany [#] 6 Sep 2000      
Ghana 24 Sep 2003      
Greece 7 Sep 2000      
Guatemala 7 Sep 2000 9 May 2002 Rt    
Guinea-Bissau 8 Sep 2000      
Haiti 15 Aug 2002      
Holy See 10 Oct 2000 24 Oct 2001 Rt    
Honduras   8 May 2002 a    
Hungary 11 Mar 2002      
Iceland 7 Sep 2000 9 Jul 2001 Rt    
India 15 Nov 2004 16 Aug 2005 Rt    
Indonesia 24 Sep 2001      
Ireland 7 Sep 2000      
Israel [#] 14 Nov 2001      
Italy 6 Sep 2000 9 May 2002 Rt    
Jamaica 8 Sep 2000      
Japan 10 May 2002 24 Jan 2005 Rt    
Jordan 6 Sep 2000      
Kazakhstan 06 Sep 2000 24 Aug 2001 Rt    
Kenya 08 Sep 2000      
Kuwait [#]   26 Aug 2004 a    
Kyrgyzstan   12 Feb 2003 a    
Latvia 01 Feb 2002 22 Feb 2006    
Lebanon 10 Oct 2001 8 Nov 2004 Rt    
Lesotho 06 Sep 2000 24 Sep 2003 Rt    
Liberia 22 Sep 2004      
Libyan Arab Jamahiriya   18 Jun 2004 a    
Liechtenstein 08 Sep 2000      
Lithuania   5 Aug 2004 a    
Luxembourg 08 Sep 2000      
Madagascar 07 Sep 2000 22 Sep 2004 Rt    
Malawi 07 Sep 2000      
Maldives 10 May 2002 10 May 2002 Rt    
Mali   16 May 2002 a    
Malta 7 Sep 2000      
Mauritius 11 Nov 2001      
Mexico 07 Sep 2000 15 Mar 2002 Rt    
Micronesia (Federated States of) 08 May 2002      
Monaco 26 Jun 2000      
Mongolia 12 Nov 2001 27 Jun 2003 Rt    
Morocco 08 Sep 2000 02 Oct 2001 Rt    
Mozambique   06 Mar 2003 a    
Namibia 08 Sep 2000 16 Apr 2002 Rt    
Nepal 8 Sep 2000 20 Jan 2006 Rt    
Netherlands 7 Sep 2000 23 Aug 2005 Rt    
New Zealand 7 Sep 2000      
Nicaragua   2 Dec 2004 a    
Niger 27 Mar 2002 26 Oct 2004 Rt    
Nigeria 8 Sep 2000      
Norway [#] 13 Jun 2000 02 Oct 2001 Rt    
Oman [#]   17 Sep 2004 a    
Pakistan 26 Sep 2001      
Panama 31 Oct 2000 09 Feb 2001 Rt    
Paraguay 13 Sep 2000 18 Aug 2003 Rt    
Peru 01 Nov 2000 8 May 2002 Rt    
Philippines 8 Sep 2000 28 May 2002 Rt    
Poland 13 Feb 2002 4 Feb 2005 Rt    
Portugal 6 Sep 2000 16 May 2003 Rt    
Qatar [#]   14 Dec 2001 a    
Republic of Korea [#] 6 Sep 2000 24 Sep 2004 Rt    
Republic of Moldova 8 Feb 2002      
Romania 06 Sep 2000 18 Oct 2001 Rt    
Rwanda   14 Mar 2002 a    
Saint Vincent and the Grenadines   15 Sep 2005 a    
San Marino 5 Jun 2000      
Senegal 8 Sep 2000 5 Nov 2003 Rt    
Serbia and Montenegro 08 Oct 2001 10 Oct 2002 Rt    
Seychelles 23 Jan 2001      
Sierra Leone 08 Sep 2000 17 Sep 2001 Rt    
Slovakia 30 Nov 2001 25 Jun 2004 Rt    
Slovenia 08 Sep 2000 23 Sep 2004 Rt    
South Africa   30 Jun 2003 a    
Spain [#] 06 Sep 2000 18 Dec 2001 Rt    
Sri Lanka 08 May 2002      
Sudan   2 Nov 2004 a    
Suriname 10 May 2002      
Sweden [#] 08 Sep 2000      
Switzerland 07 Sep 2000      
Syrian Arab Republic [#]   15 May 2003 a    
Tajikistan   5 Aug 2002 a    
Thailand   11 Jan 2006 a    
The Former Yugoslav Republic of Macedonia 17 Jul 2001 17 Oct 2003 Rt    
Timor-Leste   16 Apr 2003 a    
Togo 15 Nov 2001 2 Jul 2004    
Tunisia 22 Apr 2002 13 Sep 2002 Rt    
Turkey [#] 8 Sep 2000 19 Aug 2002 Rt    
Turkmenistan   28 Mar 2005 a    
Uganda   30 Nov 2001 a    
Ukraine 7 Sep 2000 03 Jul 2003 Rt    
United Kingdom of Great Britain and Northern Ireland 7 Sep 2000      
United Republic of Tanzania   24 Apr 2003 a    
United States of America [#] 5 Jul 2000 23 Dec 2002 Rt    
Uruguay 7 Sep 2000 3 Jul 2003 Rt    
Venezuela 7 Sep 2000 8 May 2002 Rt    
Viet Nam [#] 8 Sep 2000 20 Dec 2001 Rt    
Yemen   15 Dec 2004 a    
Keys:
  • Accession (a)
  • Acceptance (A)
  • Approval (AA)
  • Definitive Signature (s)
  • Formal confirmation (c)
  • Participation (P)
  • Notification (of provisional application, of special undertaking, etc) (n)
  • Ratification (Rt)
  • Reservation (r)
  • Succession (d)

Declarations and Reservations

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


Argentina [up]

Declaration

With reference to article 2, the Argentine Republic would prefer a broader definition of sale of children, as set out in the Inter-American Convention on International Traffic in Minors which Argentina has ratified and which, in its article 2, expressly defines traffic as the abduction, removal or retention, or attempted abduction, removal or retention, of a minor for unlawful purposes or by unlawful means. Therefore, under article 41 of the Convention on the Rights of the Child, this meaning shall continue to apply. For the same reasons, the Argentine Republic believes that the sale of children should be criminalized in all cases and not only in those enumerated in article 3, paragraph 1 (a)

Concerning article 3, the Argentine Republic further states that it has not signed international instruments on the international adoption of minors, has entered a reservation in respect of subparagraphs (b), (c), (d) and (e) of article 21 of the Convention on the Rights of the Child dealing with international adoption, and does not permit international adoption of children domiciled or resident in its jurisdiction

Concerning article 7, the Argentine Republic construes the term 'confiscation' (confiscaciуn) to mean the seizure of goods and proceeds as part of a sentence or penalty (decomisar)

*Translator's note: The meaning of the Spanish term "decomisar" is not as broad as the English "seizure". "Decomisar" means "seizure" during the sentencing or penalty phase only. (Seizure as a preventive measure is rendered with "incautaciуn".)


Belarus [up]

Declaration

The Republic of Belarus, pursuant to article 3 of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, declares that voluntary recruitment of citizens into the armed forces of the Republic of Belarus shall occur upon the attainment by them of 18 years of age

Admission to a military academy, to which citizens aged 17 years or over, including those who attain 17 years of age during the year in which they are admitted to such an academy, are entitled, in accordance with article 43 of the Act of the Republic of Belarus of 5 November 1992 on Military Obligations and Military Service, shall constitute an exception to the above. Such admission shall not be forced or coerced

The legislation of the Republic of Belarus guarantees that entry into military service as a cadet at a military academy

Shall be voluntary

Shall occur with the informed consent of the person's parents or legal guardians

Shall occur on condition that such persons are fully informed of the duties involved in military service

Shall be permitted on condition that such persons provide reliable proof of age prior to acceptance into military service


Belgium [up]

Upon signature

Declaration

This signature is equally binding on the French community, the Flemish community and the German-speaking community

Upon ratification

Declaration

The expression 'child pornography' is understood to mean the visual representation of a child participating in real or simulated sexual activities or the visual representation of the sexual parts of a child, when the dominant characteristic is a description for sexual purposes


Colombia [up]

Declaration

Concerning article 7 of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, Colombia declares that, in accordance with its domestic legal system, it construes the penalty of "confiscation" (confiscaciуn) only as seizure or forfeiture during the penalty phase


Denmark [up]

Declaration

In connection with the deposit of Denmark's instrument of ratification of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography Denmark declares that she interprets the words "any representation"in article 2 (c), of the Protocol to mean "any visual representation". Denmark further declares that the possession of pornographic visual representation of a person, who has completed his or her fifteenth year and who has consented to the said possession, shall not be considered covered by the binding provisions of the Protocol.


El Salvador [up]

Declaration

The Government of the Republic of El Salvador recognizes the extradition of nationals on the basis of the second and third clauses of article 28 of the Constitution, which stipulate that "Extradition will be regulated under international treaties; in cases involving Salvadorans, extradition will proceed only if the treaty in question expressly allows it and the treaty has been approved by the respective legislatures of the signatory countries. In any case, the terms of the treaty must include the principle of reciprocity and give Salvadorans all the guarantees with respect to trials and penalties that this Constitution provides. The accused will be extradited if the offence was committed in the territory of the requesting country, unless the offence is international in scope, and in no case for political offences, even though common criminal offences may have occurred as a result.


Kuwait [up]

Reservation

.....with a reservation in respect of paragraph 5 of article 3 of the second protocol


Oman [up]

Reservation

..... subject to the Sultanate's reservations to the Convention on the Rights of the Child


Qatar [up]

Reservation

.....subject to a general reservation regarding any provisions in the protocol that are in conflict with the Islamic Shariah


Republic of Korea [up]

Declaration

The Government of the Republic of Korea understands that Article 3(1)(a)(ii) of the aforementioned Protocol is applicable only to States Parties to the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, done at The Hague on 29 May 1993


Sweden [up]

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'


Syrian Arab Republic [up]

Reservation

A reservation is entered to the provisions set forth in article 3, paragraph 5, and article 3, paragraph 1 (a) (ii) of the Optional Protocol on the sale of children, child prostitution and child pornography, which relate to adoption

Declaration

Ratification of the two Optional Protocols by the Syrian Arab Republic shall not in any event imply recognition of Israel and shall not lead to entry into any dealings with Israel in the matters governed by the provisions of the Protocols.


Turkey [up]

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


United States of America [up]

Reservation

To the extent that the domestic law of the United States does not provide for jurisdiction over an offense described in Article 3 (1) of the Protocol if the offense is committed on board a ship or aircraft registered in the United States, the obligation with respect to jurisdiction over that offense shall not apply to the United States until such time as the United States may notify the Secretary-General of the United Nations that United States domestic law is in full conformity with the requirements of Article 4 (1) of the Protocol

The Senate's advice and consent is subject to the following understandings

(1) NO ASSUMPTION OF OBLIGATIONS UNDER THE CONVENTION ON THE RIGHTS OF THE CHILD.-The United States understands that the United States assumes no obligations under the Convention on the Rights of the Child by becoming a party to the Protocol

(2) THE TERM "CHILD PORNOGRAPHY". -The United States understands that the term "sale of children" as defined in Article 2(a) of the Protocol, is intended to cover any transaction in which remuneration or other consideration is given and received under circumstances in which a person who does not have a lawful right to custody of the child thereby obtains de facto control over the child

(3) THE TERM "CHILD PORNOGRAPHY".-The United States understands the term "child pornography", as defined in Article 2(c) of the Protocol, to mean the visual representation of a child engaged in real or simulated sexual activities or of the genitalia of a child where the dominant characteristic is depiction for a sexual purpose

(4) THE TERM "TRANSFER OF ORGANS FOR PROFIT".-The United States understands that- (A) the term "transfer of organs for profit", as used in Article 3(1)(a)(i) of the Protocol, does not cover any situation in which a child donates an organ pursuant to lawful consent; and

(B) the term "profit", as used in Article 3(1)(a)(i) of the Protocol, does not include the lawful payment of a reasonable amount associated with the transfer of organs, including any payment for the expense of travel, housing, lost wages, or medical costs

(5) THE TERMS "APPLICABLE INTERNATIONAL LEGAL INSTRUMENTS" AND "IMPROPERLY INDUCING CONSENT

(A) UNDERSTANDING OF "APPLICABLE INTERNATIONAL LEGAL INSTRUMENTS".-The United States understands that the term "applicable international legal instruments" in Articles 3 (1) (a) (ii) and 3 (5) of the Protocol refers to the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption done at The Hague on May 29, 1993 (in this paragraph referred to as "The Hague Convention")

(B) NO OBLIGATION TO TAKE CERTAIN ACTION.-The United States is not a party to The Hague Convention, but expects to become a party. Accordingly, until such time as the United States becomes a party to The Hague Convention, it understands that it is not obligated to criminalize conduct proscribed by Article 3(1)(a)(ii) of the Protocol or to take all appropriate legal and administrative measures required by Article 3(5) of the Protocol

(C) UNDERSTANDING Of' "IMPROPERLY INDUCING CONSENT".-The United States understands that the term "Improperly inducing consent" in Article 3(1)(a)(ii) of the Protocol means knowingly and willfully inducing consent by offering or giving compensation for the relinquishment of parental rights

(6) IMPLEMENTATION OF THE PROTOCOL 1N THE FEDERAL SYSTEM OF THE UNITED STATES.-The United States understands that the Protocol shall be implemented by the Federal Government to the extent that it exercises jurisdiction over the matters covered therein, and otherwise by the State and local governments. To the extent that State and local governments exercise jurisdiction over such matters, the Federal Government shall as necessary, take appropriate measures to ensure the fulfillment of the Protocol


Viet Nam [up]

Reservation

... the Socialist Republic of Vietnam makes its reservation to article 5 (1), (2), (3), and (4) of the said Protocol.

Objections

(Unless otherwise indicated, the objections were made upon ratification or accession.)


Austria [up]

4 Octobre 2002

With regard to the reservation made by Qatar upon accession

The Government of Austria has examined the reservation to the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography made by the Government of Qatar at the time of its accession to the Optional Protocol

The Government of Austria are of the view that since this reservation refers in a general manner to the Islamic law without precising its content it leaves other state parties in doubt as to the real extent of the state of Qatar's commitment to the Optional Protocol. 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 change necessary to comply with their obligations under the treaties

For these reasons, the Government of Austria objects to this reservation made by the Government of Qatar

This position, however, does not preclude the entry into force in its entirety of the Optional Protocol between Qatar and Austria.


Cyprus [up]

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.

*With regard to this objection, the Government of Cyprus, upon ratification of the Optional Protocol, on 6 April 2006, stated the following

The Government of the Republic of Cyprus wishes to reiterate its objection of 12th August 2003, with regard to the declaration made by Turkey upon ratification.


France [up]

18 June 2002

With regard to the reservation made by Qatar upon accession

The Government of the French Republic has examined the reservation entered by the Government of Qatar upon acceding to the Optional Protocol of 25 May 2000 to the Convention on the Rights of the Child, concerning the sale of children, child prostitution and child pornography. While indicating that it was acceding to the Protocol and voicing, in a general manner, reservations with respect to provisions of the Protocol that it regards as violating Islamic Shariah rules, the Government of Qatar has entered a reservation of a general, indeterminate nature that leaves other States parties unable to establish which provisions of the Convention the reservation currently concerns and which provisions are likely to be concerned in the future. The Government of the French Republic believes that the reservation could deprive the provisions of the Convention of any effect and is entering an objection thereto

18 November 2005

With regard to the reservations made by Oman upon accession

The Government of the French Republic has examined the reservation entered by the Government of the Sultanate of Oman upon acceding, on 17 September 2004, to the Optional Protocol to the Convention on the Rights of the Child, concerning the sale of children, child prostitution and child pornography by which the Sultanate extends to the Protocol the reservations it entered with respect to the Convention. While indicating that it was acceding to the Protocol and voicing, in a general manner, reservations with respect to provisions of the Protocol that it regards as violating Islamic sharia rules, the Sultanate of Oman has entered a reservation of a general, indeterminate nature that leaves other States parties unable to establish which provisions of the Convention the reservation currently concerns and which provisions are likely to be concerned in the future. The Government of the French Republic believes that the reservation could deprive the provisions of the Convention of any effect and is entering an objection thereto. This objection shall not prevent the entry into force of the Convention between France and the Sultanate of Oman.


Germany [up]

21 March 2002

With regard to the reservation made by Qatar upon accession

The Government of the Federal Republic of Germany has examined the reservation to the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography made by the Government of Qatar at the time of its accession to the Optional Protocol. The Government of the Federal Republic of Germany is of the view that the reservation with regard to the compatibility of the rules of the Optional Protocol with the precepts of Islamic Shariah raises doubts as to the commitment of Qatar to fulfil its obligations under the Optional Protocol. The Government of the Federal Republic of Germany considers this reservation to be incompatible with the object and purpose of the Optional Protocol. Therefore the Government of the Federal Republic of Germany objects to the aforesaid reservation made by the Government of Qatar to the Optional Protocol


Israel [up]

30 September 2003

With regard to the declaration made by the Syrian Arab Republic upon accession

The Government of the State of Israel has noted that the instrument of ratification of the Syrian Arab Republic to the above mentioned Protocol contains a reservation [declaration] with respect to the State of Israel

The Government of the State of Israel is of the view that this reservation [declaration] which is political in its nature, is incompatible with the purposes and objectives of this Protocol

The Government of the State of Israel therefore objects to the aforesaid reservation [declaration] made by the Syrian Arab Republic to the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography.


Norway [up]

30 December 2002

With regard to the reservation made by Qatar upon accession

The Government of Norway has examined the content of the reservation made by the Government of Qatar upon accession to the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography

The reservation purports to give Islamic Shariah preference over the provisions of the Optional Protocol and does not clearly define to what extent Qatar has accepted the obligations of the latter. The Government of Norway therefore objects to the reservation, as it is contrary to the object and purpose of the Optional Protocol and thus impermissible according to well-established principles of international law

This objection does not preclude the entry into force in its entirety of the Optional Protocol between the Kingdom of Norway and Qatar. The Optional Protocol thus becomes operative between Norway and Qatar without Qatar benefiting from the reservation.

19 January 2006

With regard to the reservation made by Oman upon accession

The Permanent Mission of Norway to the United Nations presents its compliments to the Secretary-General of the United Nations and has the honour to convey that Norway has examined the second and third reservations made by the Government of the Sultanate of Oman on 17 September 2004 on accession to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (New York, 25 May 2000) which concern Islamic and domestic law and limits imposed by the material resources available

The Government of Norway is of the view that these general reservations raise doubts as to the full commitment of the Sultanate of Oman to the object and purpose of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography and 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 the Convention shall not be permitted

The Government of Norway therefore objects to the aforesaid reservations made by the Government of the Sultanate of Oman 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 in its entirety, of the Convention between the Kingdom of Norway and the Sultanate of Oman, without the latter benefiting from these reservations.


Spain [up]

10 September 2002

With regard to the reservation made by Qatar upon accession

The Government of the Kingdom of Spain has examined the reservation made by the Government of the State of Qatar on 14 December 2001 to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, concerning any provisions in the protocol that are in conflict with the Islamic Shariah

The Government of the Kingdom of Spain considers that this reservation, which refers in a general way to Islamic law without specifying its content, creates doubts among the other States parties about the extent to which the State of Qatar commits itself to comply with the Optional Protocol

The Government of the Kingdom of Spain is of the view that the reservation by the Government of the State of Qatar is incompatible with the object and purpose of the said Optional Protocol, since it refers to the Protocol as a whole and could seriously restrict or even exclude its application on a basis as ill-defined as the general reference to the Islamic Shariah

Therefore, the Government of the Kingdom of Spain objects to the above-mentioned reservation by the Government of the State 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 said Optional Protocol between the Kingdom of Spain and the State of Qatar


Sweden [up]

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.

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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