Mexico
11 January 1985
The Government of the United Mexican States has studied the content of the reservations made by Mauritius to article 11, paragraph 1 (b) and (d), and article 16, paragraph 1 (g), of the Convention and has concluded that they should be considered invalid in the light of article 28, paragraph 2, of the Convention, because they are incompatible with its object and purpose.
Indeed, these reservations, if implemented, would inevitably result in discrimination against women on the basis of sex, which is contrary to all the articles of the Convention. The principles of equal rights of men and women and non-discrimination on the basis of sex, which are embodied in the second preambular paragraph and Article 1, paragraph 3, of the Charter of the United Nations, to which Mauritius is a signatory, and in articles 2 and 16 of the Universal Declaration of Human Rights of 1948, were previously accepted by the Government of Mauritius when it acceded, on 12 December 1973, to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. The above principles were stated in article 2, paragraph 1, and article 3 of the former Covenant and in article 2, paragraph 2, and article 3 of the latter. Consequently, it is inconsistent with these contractual obligations previously assumed by Mauritius for its Government now to claim that it has reservations, on the same subject, about the 1979 Convention.
The objection of the Government of the United Mexican States to the reservations in question should not be interpreted as an impediment to the entry into force of the 1979 Convention between the United Mexican States and Mauritius.
Objections, identical in essence, mutatis mutandis, were also formulated by the Government of Mexico in regard to reservations made by various States, as follows [for the States which were not Parties to the Covenants (marked below with an asterisk *), the participation in the Covenants was not invoked by Mexico in its objection with regard to reservations]:
i) 21 February 1985: In respect of reservations by Bangladesh* concerning article 2, article 13 (a) and article 16 paragraph 1 (c) and (f).
ii) 21 February 1985: In respect of the reservation by Jamaica concerning article 9 (2).
iii) 22 May 1985: In respect of reservations by New Zealand (applicable to the Cook Islands) concerning article 2 (f) and article 5 (a).
iv) 6 June 1985: In respect of reservations by the Republic of Korea concerning article 9 and article 16, paragraph 1 (c), (d), (e), (f) and (g). In this case, the Government of Mexico stated that the principles of the equal rights of men and women and of non-discrimination on the basis of sex, which are set forth in the Charter of the United Nations as one of its purposes in the Universal Declaration of Human Rights of 1948 and in various multilateral instruments, have already become general principles of international law which apply to the international community, to which the Republic of Korea belongs.
v) 29 January 1986: In respect of the reservation made by Cyprus to article 9, paragraph 2.
vi) 7 May 1986: In respect of the reservations made by Turkey* to paragraphs 2 and 4 of article 15 and paragraphs 1 (c), 1 (d), 1 (f) and 1 (g) of article 16.
vii) 16 July 1986: In respect of reservations made by Egypt to articles 9 and 16.
viii) 16 October 1986: In respect of reservations by Thailand* concerning article 9, paragraph 2, article 15, paragraph 3 and article 16.
ix) 4 December 1986: In respect of reservations by Iraq concerning article 2, paragraphs (f) and (g), article 9, paragraphs 1 and 2 and article 16.
x) 23 July 1990: In respect of the reservation made by the Libyan Arab Jamahiriya.