Portugal

15 July 1992

With regard to the reservations made by Myanmar upon accession, by Bangladesh, Djibouti, Indonesia, Kuwait and Pakistan upon ratification and by Turkey upon signature:

       "The Government of Portugal considers that reservations by which a State limits its responsibilities under the Convention by invoking general principles of National Law may create doubts on the commitments of the reserving State to the object and purpose of the Convention and, moreover, contribute to undermining the basis of International Law.  It is in the common interest of States that treaties to which they have chosen to become parties also are respected, as to object and purpose, by all parties.  The Government of Portugal therefore objects to the reservations.

       This objection shall not constitute an obstacle to the entry into force of the Convention between Portugal and Myanmar.

       The Government of Portugal furthermore notes that, as a matter of principle, the same objection could be made to the reservations presented by Bangladesh, Djibouti, Indonesia, Kuwait, Pakistan and Turkey."

Subsequently, the Secretary-General received, from the Government of the Portugal, objections of the same nature as the one above with regard to reservations made by the following States on the dates indicated hereinafter:

       - 13 December 1994: with regard to the reservation made by Islamic Republic of Iran upon ratification;

       - 4 December 1995: with regard to the reservation made by Malaysia upon accession;

       - 11 January 1996: with regard to the reservation made by Qatar upon ratification;

       - 30 January 1997: with regard to reservations made by Brunei Darussalam, Kiribati and Saudi Arabia upon accession.

28 Septembre 2016

With regard to the reservations made by Somalia upon ratification:

       “The Government of the Portuguese Republic has examined the contents of the reservation made by the Federal Republic of Somalia upon ratification of the Convention on the Rights of the Child.

       The Government of the Portuguese Republic considers that the reservations made upon ratification regarding Articles 14, 20, and 21, are incompatible with the object and purpose of the Convention.

       In addition, the reservation related to the Principles of the Islamic Sharia has a general and indeterminate scope and therefore does not allow States to assess to what extent Somalia has accepted the existing commitments to the Convention.·Furthermore, such general reservation contributes to undermining the basis of International Treaty Law.

       Moreover, the Government of the Portuguese Republic considers that reservations by which a State limits its responsibilities under the Convention on the Rights of the Child by invoking the domestic law or/and the Sharia Law raise doubts as to the commitment of the reserving State to the object and purpose of the Convention, as the reservations are likely to deprive the provisions of the Convention of their effect and are contrary to the object and purpose thereof.

       The Government of the Portuguese Republic recalls that according to Article 51, paragraph 2 of the Convention, as well as 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 the Portuguese Republic thus objects to this reservation.

       This objection shall not preclude the entry into force of the Convention between the Portuguese Republic and the Federal Republic of Somalia.”