UNTC

Declarations and Reservations

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

Switzerland ⁵⁹

Switzerland59

Declaration:

Switzerland refers expressly to the obligations of all States to apply the rules of international humanitarian law and national law to the extent that they ensure better protection and care of children who are affected by an armed conflict.

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(c) Reservation concerning article 10, paragraph 1:

Swiss legislation, which does not guarantee family reunification to certain categories of aliens, is unaffected.

(d) Reservation concerning article 37(c):

The separation of children deprived of liberty from adults is not unconditionally guarantied.

(e) Reservation concerning article 40:

The Swiss penal procedure applicable to children, which does not guarantee either the unconditional right to assistance or separation, where personnel or organization is concerned, between the examining authority and the sentencing authority, is unaffected.

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Objections

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


Switzerland Switzerland 6 July 2016 With regard to the reservations made by Somalia upon ratification: The Swiss Federal Council has examined the reservation made by the Government of the Federal Republic of Somalia in ratifying the Convention on the Rights of the Child. The reservation subordinating all provisions of the Convention to the general principles of Islamic sharia makes it impossible to determine the extent to which the Federal Republic of Somalia accepts the obligations deriving from the Convention. The Federal Council therefore considers the reservation to be incompatible with the object and purpose of the Convention. It also considers the reservation to articles 14 and 20, whereby the Federal Republic of Somalia generally seeks to avoid being bound by the important obligations contained therein, to be incompatible with the object and purpose of the Convention. The Federal Council recalls that, pursuant to article 51, paragraph 2, of the Convention, as well as article 19, paragraph (c), of the Vienna Convention on the law of treaties, a reservation incompatible with the object and purpose of the Convention shall not be permitted. Accordingly, the Swiss Federal Council objects to the reservation made by the Federal Republic of Somalia. This objection does not preclude the entry into force of the Convention, in its entirety, between the Federal Republic of Somalia and Switzerland.

Switzerland

6 July 2016

With regard to the reservations made by Somalia upon ratification:

The Swiss Federal Council has examined the reservation made by the Government of the Federal Republic of Somalia in ratifying the Convention on the Rights of the Child.

The reservation subordinating all provisions of the Convention to the general principles of Islamic sharia makes it impossible to determine the extent to which the Federal Republic of Somalia accepts the obligations deriving from the Convention. The Federal Council therefore considers the reservation to be incompatible with the object and purpose of the Convention.

It also considers the reservation to articles 14 and 20, whereby the Federal Republic of Somalia generally seeks to avoid being bound by the important obligations contained therein, to be incompatible with the object and purpose of the Convention.

The Federal Council recalls that, pursuant to article 51, paragraph 2, of the Convention, as well as article 19, paragraph (c), of the Vienna Convention on the law of treaties, a reservation incompatible with the object and purpose of the Convention shall not be permitted.

Accordingly, the Swiss Federal Council objects to the reservation made by the Federal Republic of Somalia. This objection does not preclude the entry into force of the Convention, in its entirety, between the Federal Republic of Somalia and Switzerland.