UNTC

Objections

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


Hungary Hungary 26 August 2016 With regard to the reservations made by Somalia upon ratification: The Government of Hungary has examined the reservation to the Convention on the Rights of the Child made by the Federal Republic of Somalia at the time of its ratification of the Convention. The reservation states that the Federal Republic of Somalia does not consider itself bound by the provisions of the Convention that are not in accordance with the General Principles of Islamic Sharia, and also states that it is not bound by Articles 14, 20 and 21 of the Convention. The Government of Hungary is of the opinion that by giving precedence to the General Principles of Islamic Sharia over the application of the provisions of the Convention, the Federal Republic of Somalia has made a reservation which leaves it unclear to what extent it feels bound by the obligations of the Convention and which is incompatible with the object and purpose of the Convention. Articles 14, 20 and 21 address fundamental rights, and form an essential part of the Convention. Therefore, any reservation to these Articles is contrary to the object and purpose of the Convention. The Government of Hungary recalls that according Article 51 (2) of the Convention and 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. The Government of Hungary therefore objects to the aforesaid Reservation made by the Federal Republic of Somalia to the Convention on the Rights of the Child. However, this objection shall not preclude the entry into force of the Convention between Hungary and the Federal Republic of Somalia.

Hungary

26 August 2016

With regard to the reservations made by Somalia upon ratification:

The Government of Hungary has examined the reservation to the Convention on the Rights of the Child made by the Federal Republic of Somalia at the time of its ratification of the Convention.

The reservation states that the Federal Republic of Somalia does not consider itself bound by the provisions of the Convention that are not in accordance with the General Principles of Islamic Sharia, and also states that it is not bound by Articles 14, 20 and 21 of the Convention.

The Government of Hungary is of the opinion that by giving precedence to the General Principles of Islamic Sharia over the application of the provisions of the Convention, the Federal Republic of Somalia has made a reservation which leaves it unclear to what extent it feels bound by the obligations of the Convention and which is incompatible with the object and purpose of the Convention. Articles 14, 20 and 21 address fundamental rights, and form an essential part of the Convention. Therefore, any reservation to these Articles is contrary to the object and purpose of the Convention.

The Government of Hungary recalls that according Article 51 (2) of the Convention and 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.

The Government of Hungary therefore objects to the aforesaid Reservation made by the Federal Republic of Somalia to the Convention on the Rights of the Child. However, this objection shall not preclude the entry into force of the Convention between Hungary and the Federal Republic of Somalia.