UNTC

Declarations and Reservations

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

Mexico ¹²

Mexico12

Objections

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


Mexico Mexico 22 October 2010 With regard to the reservation made by the Islamic Republic of Iran upon accession: Having examined the declaration made by the Islamic Republic of Iran with respect to the Convention, the United Mexican States has concluded that the declaration is, in fact, a reservation. This reservation, which aims to exclude the legal effects of certain provisions of the Convention, is incompatible with the object and purpose of that instrument. Indeed, the declaration is worded in such a way that it could hinder the realization of normative provisions of the Convention, including those of articles 4 and 1, and thus is in breach of article 46 of the Convention and article 19 of the Vienna Convention on the Law of Treaties. It should be noted that article 27 of the Vienna Convention codified the principle of international law whereby a party may not invoke the provisions of its domestic law as justification for its failure to comply with a treaty. The claim that domestic laws take precedence over the provisions of treaties that are in force for the Parties is therefore inadmissible. This objection shall not preclude the entry into force of the Convention between the Islamic Republic of Iran and the United Mexican States. 29 March 2018 With regard to the reservations made by Suriname upon ratification: Having analysed the declarations made by the Republic of Suriname upon ratification of the Convention on the Rights of Persons with Disabilities, the Government of the United Mexican States has concluded that such declarations in fact constitute reservations. Such declarations, the object of which is to exclude the legal effects of article 20, paragraph (a); article 24, paragraph 2 (b); and article 26, are contrary to the object and purpose of the Convention, specifically: - Facilitating the personal mobility of persons with disabilities in the manner and at the time of their choice, and at affordable cost; - Promoting access to an inclusive, quality and free primary education and secondary education on an equal basis with others in the communities in which they live; and - Promoting, developing and implementing effective and relevant measures to provide comprehensive habilitation and rehabilitation services and programmes for persons with disabilities. The above-mentioned reservations are therefore contrary to article 46, paragraph 1, of the Convention, as well as to article 19 of the Vienna Convention on the Law of Treaties. The present objection shall not preclude the entry into force of the Convention between the Republic of Suriname and the United Mexican States. Accordingly, the Convention shall enter into force between the two States without the Republic of Suriname benefiting from the above-mentioned reservation. 14 February 2019 With regard to the reservation made by Libya upon ratification: After considering the declaration made by the State of Libya upon ratification of the Convention on the Rights of Persons with Disabilities regarding article 25 (a), the Government of the United States of Mexico has concluded that the said declaration constitutes, in fact, a reservation. This reservation subjects the application of the above article to Islamic law and to national legislation, which is contrary to the object and purpose of the Convention and violates article 46 (1) of the said international instrument as well as article 19 of the Vienna Convention on the Law of Treaties. This objection shall not preclude the entry into force of the Convention between the State of Libya and the United States of Mexico. Consequently, the Convention shall enter into force between the two States without the State of Libya benefiting from the said reservation.

Mexico

22 October 2010

With regard to the reservation made by the Islamic Republic of Iran upon accession:

Having examined the declaration made by the Islamic Republic of Iran with respect to the Convention, the United Mexican States has concluded that the declaration is, in fact, a reservation. This reservation, which aims to exclude the legal effects of certain provisions of the Convention, is incompatible with the object and purpose of that instrument. Indeed, the declaration is worded in such a way that it could hinder the realization of normative provisions of the Convention, including those of articles 4 and 1, and thus is in breach of article 46 of the Convention and article 19 of the Vienna Convention on the Law of Treaties. It should be noted that article 27 of the Vienna Convention codified the principle of international law whereby a party may not invoke the provisions of its domestic law as justification for its failure to comply with a treaty. The claim that domestic laws take precedence over the provisions of treaties that are in force for the Parties is therefore inadmissible.

This objection shall not preclude the entry into force of the Convention between the Islamic Republic of Iran and the United Mexican States.

29 March 2018

With regard to the reservations made by Suriname upon ratification:

Having analysed the declarations made by the Republic of Suriname upon ratification of the Convention on the Rights of Persons with Disabilities, the Government of the United Mexican States has concluded that such declarations in fact constitute reservations.

Such declarations, the object of which is to exclude the legal effects of article 20, paragraph (a); article 24, paragraph 2 (b); and article 26, are contrary to the object and purpose of the Convention, specifically:

- Facilitating the personal mobility of persons with disabilities in the manner and at the time of their choice, and at affordable cost;

- Promoting access to an inclusive, quality and free primary education and secondary education on an equal basis with others in the communities in which they live; and

- Promoting, developing and implementing effective and relevant measures to provide comprehensive habilitation and rehabilitation services and programmes for persons with disabilities.

The above-mentioned reservations are therefore contrary to article 46, paragraph 1, of the Convention, as well as to article 19 of the Vienna Convention on the Law of Treaties.

The present objection shall not preclude the entry into force of the Convention between the Republic of Suriname and the United Mexican States. Accordingly, the Convention shall enter into force between the two States without the Republic of Suriname benefiting from the above-mentioned reservation.

14 February 2019

With regard to the reservation made by Libya upon ratification:

After considering the declaration made by the State of Libya upon ratification of the Convention on the Rights of Persons with Disabilities regarding article 25 (a), the Government of the United States of Mexico has concluded that the said declaration constitutes, in fact, a reservation.

This reservation subjects the application of the above article to Islamic law and to national legislation, which is contrary to the object and purpose of the Convention and violates article 46 (1) of the said international instrument as well as article 19 of the Vienna Convention on the Law of Treaties.

This objection shall not preclude the entry into force of the Convention between the State of Libya and the United States of Mexico. Consequently, the Convention shall enter into force between the two States without the State of Libya benefiting from the said reservation.