UNTC

Declarations and Reservations

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

Ireland

Reservation: Article 27 (1)

"Ireland accepts the provisions of the Convention, subject to the understanding that none of its obligations relating to equal treatment in employment and occupation shall apply to the admission into or service in any of the Defence Forces, An Garda Síochána (Ireland’s National Police Service), the Prison Service, the Fire Brigade, the Irish Coastguard and the Ambulance Service."

Declaration and reservation: Article 12

"Ireland recognises that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life. Ireland declares its understanding that the Convention permits supported and substitute decision-making arrangements which provide for decisions to be made on behalf of a person, where such arrangements are necessary, in accordance with the law, and subject to appropriate and effective safeguards.

To the extent article 12 may be interpreted as requiring the elimination of all substitute decision making arrangements, Ireland reserves the right to permit such arrangements in appropriate circumstances and subject to appropriate and effective safeguards."

Declaration: Articles 12 and 14

"Ireland recognises that all persons with disabilities enjoy the right to liberty and security of person, and a right to respect for physical and mental integrity on an equal basis with others. Furthermore, Ireland declares its understanding that the Convention allows for compulsory care or treatment of persons, including measures to treat mental disorders, when circumstances render treatment of this kind necessary as a last resort, and the treatment is subject to legal safeguards.”

Objections

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


Ireland Ireland Objection to Reservation of the Islamic Republic of Iran upon accession “Ireland has examined the declaration made by the Islamic Republic of Iran to the Convention on the Rights of Persons with Disabilities at the time of its accession on 23 October 2009. Ireland is of the view that the declaration of the Islamic Republic of Iran in substance constitutes a reservation limiting the scope of the Convention. Ireland notes that the Islamic Republic of Iran subjects application of the Convention on the Rights of Persons with Disabilities to its applicable rules. Ireland is of the view that a reservation which consists of a general reference to the applicable domestic law of the reserving State and which does not clearly specify the provisions of the Convention to which it applies and the extent of the derogation therefrom, may cast doubts on the commitment of the reserving State to fulfil its obligations under the Convention. Ireland is furthermore of the view that such a general reservation may undermine the basis of international treaty law and is incompatible with the object and purpose of the Convention. Ireland recalls that according to Article 46, paragraph 1 of the Convention, a reservation incompatible with the object and purpose of the Convention shall not be permitted. Ireland therefore objects to the aforesaid reservation made by the Islamic Republic of Iran to the Convention on the Rights of Persons with Disabilities. This objection shall not preclude the entry into force of the Convention between Ireland and Islamic Republic of Iran.” Objection to Reservation of Malaysia upon ratification “Ireland has examined the reservation made by Malaysia to the Convention on the Rights of Persons with Disabilities at the time of its ratification on 19 July 2010. Ireland recalls that by ratifying the Convention, a State undertakes to ensure and promote the full realisation of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on the basis of disability. Ireland notes that the reservation in respect of Articles 15 and 18 of the Convention aims to exclude two core provisions of the Convention. Ireland considers that the obligations contained in Articles 15 and 18 are so central to the aims of the Convention as to render the aforesaid reservation contrary to its object and purpose. Ireland recalls that, in accordance with Article 46, paragraph 1 of the Convention, a reservation incompatible with the object and purpose of the Convention shall not be permitted. Ireland has also examined the declaration made by Malaysia to the Convention at the time of its ratification. Ireland is of the view that the declaration in substance constitutes a reservation limiting the scope of the Convention. Ireland notes that Malaysia subjects application of the Convention on the Rights of Persons with Disabilities to the Federal Constitution of Malaysia. Ireland is of the view that a reservation which consists of a general reference to the Constitution of the reserving State and which does not clearly specify the extent of the derogation from the Convention may cast doubts on the commitment of the reserving State to fulfil its obligations under the Convention. Ireland is furthermore of the view that such a general reservation may undermine thebasis of international treaty law and is incompatible with the object and purpose of the Convention. Ireland recalls that, in accordance with Article 46, paragraph 1 of the Convention, a reservation incompatible with the object and purpose of the Convention shall not be permitted. Ireland therefore objects to the aforesaid reservations made by Malaysia to the Convention on the Rights of Persons with Disabilities. This objection shall not preclude the entry into force of the Convention between Ireland and Malaysia.” Objection to Reservation of Brunei Darussalam upon ratification “Ireland has examined the reservation made by Brunei Darussalam to the Convention on the Rights of Persons with Disabilities at the time of its ratification on 11 April 2016. Ireland notes that Brunei Darussalam subjects application of the Convention on the Rights of Persons with Disabilities to the Constitution of Brunei Darussalam and to the beliefs and principles of Islam. Ireland is of the view that a reservation which consists of a general reference to the Constitution of the reserving State and to religious law and which does not clearly specify the provisions of the Convention to which it applies and the extent of the derogation therefrom, may cast doubts on the commitment of the reserving State to fulfil its obligations under the Convention. Ireland is furthermore of the view that such a general reservation may undermine the basis of international treaty law and is incompatible with the object and purpose of the Convention. Ireland recalls that according to Article 46, paragraph l of the Convention, a reservation incompatible with the object and purpose of the Convention shall not be permitted. Ireland therefore objects to the aforesaid reservation made by Brunei Darussalam to the Convention on the Rights of Persons with Disabilities. This objection shall not preclude the entry into force of the Convention between Ireland and Brunei Darussalam.” 11 February 2019 With regard to the reservation made by Libya upon ratification: “Ireland welcomes the ratification by Libya of the Convention on the Rights of Persons with Disabilities on 13 February 2018. Ireland has examined the declaration made by Libya to the Convention on the Rights of Persons with Disabilities at the time of its ratification. Ireland is of the view that the declaration of Libya, purporting to interpret Article 25 (a) in a manner that does not contravene the Islamic Sharia and its national legislation, in substance constitutes a reservation limiting the scope of the Convention. Ireland considers that this reservation which purports to subject the reserving State’s obligations under the Convention to religious law and to national law without specifying the content thereof and which does not clearly specify the extent of the derogation from the provision of the Convention may cast doubt on the commitment of the reserving State to fulfil its obligations under the Convention. Ireland is furthermore of the view that such a reservation may undermine the basis of international treaty law and is incompatible with the object and purpose of the Convention. Ireland recalls that, in accordance with Article 46, paragraph 1 of the Convention, a reservation incompatible with the object and purpose of the Convention shall not be permitted. Ireland therefore objects to the aforesaid reservation made by Libya to Article 25 (a) of the Convention on the Rights of Persons with Disabilities. This objection shall not preclude the entry into force of the Convention between Ireland and Libya.”

Ireland

Objection to Reservation of the Islamic Republic of Iran upon accession

“Ireland has examined the declaration made by the Islamic Republic of Iran to the Convention on the Rights of Persons with Disabilities at the time of its accession on 23 October 2009.

Ireland is of the view that the declaration of the Islamic Republic of Iran in substance constitutes a reservation limiting the scope of the Convention.

Ireland notes that the Islamic Republic of Iran subjects application of the Convention on the Rights of Persons with Disabilities to its applicable rules. Ireland is of the view that a reservation which consists of a general reference to the applicable domestic law of the reserving State and which does not clearly specify the provisions of the Convention to which it applies and the extent of the derogation therefrom, may cast doubts on the commitment of the reserving State to fulfil its obligations under the Convention. Ireland is furthermore of the view that such a general reservation may undermine the basis of international treaty law and is incompatible with the object and purpose of the Convention. Ireland recalls that according to Article 46, paragraph 1 of the Convention, a reservation incompatible with the object and purpose of the Convention shall not be permitted.

Ireland therefore objects to the aforesaid reservation made by the Islamic Republic of Iran to the Convention on the Rights of Persons with Disabilities.

This objection shall not preclude the entry into force of the Convention between Ireland and Islamic Republic of Iran.”

Objection to Reservation of Malaysia upon ratification

“Ireland has examined the reservation made by Malaysia to the Convention on the Rights of Persons with Disabilities at the time of its ratification on 19 July 2010.

Ireland recalls that by ratifying the Convention, a State undertakes to ensure and promote the full realisation of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on the basis of disability.

Ireland notes that the reservation in respect of Articles 15 and 18 of the Convention aims to exclude two core provisions of the Convention. Ireland considers that the obligations contained in Articles 15 and 18 are so central to the aims of the Convention as to render the aforesaid reservation contrary to its object and purpose. Ireland recalls that, in accordance with Article 46, paragraph 1 of the Convention, a reservation incompatible with the object and purpose of the Convention shall not be permitted.

Ireland has also examined the declaration made by Malaysia to the Convention at the time of its ratification.

Ireland is of the view that the declaration in substance constitutes a reservation limiting the scope of the Convention.

Ireland notes that Malaysia subjects application of the Convention on the Rights of Persons with Disabilities to the Federal Constitution of Malaysia. Ireland is of the view that a reservation which consists of a general reference to the Constitution of the reserving State and which does not clearly specify the extent of the derogation from the Convention may cast doubts on the commitment of the reserving State to fulfil its obligations under the Convention. Ireland is furthermore of the view that such a general reservation may undermine thebasis of international treaty law and is incompatible with the object and purpose of the Convention. Ireland recalls that, in accordance with Article 46, paragraph 1 of the Convention, a reservation incompatible with the object and purpose of the Convention shall not be permitted.

Ireland therefore objects to the aforesaid reservations made by Malaysia to the Convention on the Rights of Persons with Disabilities.

This objection shall not preclude the entry into force of the Convention between Ireland and Malaysia.”

Objection to Reservation of Brunei Darussalam upon ratification

“Ireland has examined the reservation made by Brunei Darussalam to the Convention on the Rights of Persons with Disabilities at the time of its ratification on 11 April 2016.

Ireland notes that Brunei Darussalam subjects application of the Convention on the Rights of Persons with Disabilities to the Constitution of Brunei Darussalam and to the beliefs and principles of Islam. Ireland is of the view that a reservation which consists of a general reference to the Constitution of the reserving State and to religious law and which does not clearly specify the provisions of the Convention to which it applies and the extent of the derogation therefrom, may cast doubts on the commitment of the reserving State to fulfil its obligations under the Convention. Ireland is furthermore of the view that such a general reservation may undermine the basis of international treaty law and is incompatible with the object and purpose of the Convention. Ireland recalls that according to Article 46, paragraph l of the Convention, a reservation incompatible with the object and purpose of the Convention shall not be permitted.

Ireland therefore objects to the aforesaid reservation made by Brunei Darussalam to the Convention on the Rights of Persons with Disabilities.

This objection shall not preclude the entry into force of the Convention between Ireland and Brunei Darussalam.”

11 February 2019

With regard to the reservation made by Libya upon ratification:

“Ireland welcomes the ratification by Libya of the Convention on the Rights of Persons with Disabilities on 13 February 2018.

Ireland has examined the declaration made by Libya to the Convention on the Rights of Persons with Disabilities at the time of its ratification.

Ireland is of the view that the declaration of Libya, purporting to interpret Article 25 (a) in a manner that does not contravene the Islamic Sharia and its national legislation, in substance constitutes a reservation limiting the scope of the Convention.

Ireland considers that this reservation which purports to subject the reserving State’s obligations under the Convention to religious law and to national law without specifying the content thereof and which does not clearly specify the extent of the derogation from the provision of the Convention may cast doubt on the commitment of the reserving State to fulfil its obligations under the Convention. Ireland is furthermore of the view that such a reservation may undermine the basis of international treaty law and is incompatible with the object and purpose of the Convention. Ireland recalls that, in accordance with Article 46, paragraph 1 of the Convention, a reservation incompatible with the object and purpose of the Convention shall not be permitted.

Ireland therefore objects to the aforesaid reservation made by Libya to Article 25 (a) of the Convention on the Rights of Persons with Disabilities.

This objection shall not preclude the entry into force of the Convention between Ireland and Libya.”