CHAPTER IV
HUMAN RIGHTS
15aOptional Protocol to the Convention on the Rights of Persons with DisabilitiesNew York, 13 December 20063 May 2008, in accordance with article 13(1).3 May 2008, No. 44910Signatories94Parties98United Nations, <i>Treaty Series </i>, vol. 2518, p. 283. Doc.<a href="/doc/source/docs/A_61_611_E.pdf" target="_blank">A/61/611</a>The above Optional Protocol was adopted on 13 December 2006 during the sixty-first session of the General Assembly by resolution <a href="/doc/source/docs/A_Res_61_106-E.pdf" target="_blank">A/RES/61/106</a>. In accordance with its article 10, the Optional Protocol shall be open for signature by all signatory States and regional integration organizations of the Convention on the Rights of Persons with Disabilities at United Nations Headquarters in New York as of 30 March 2007.
ParticipantSignatureFormal confirmation(c), Accession(a), RatificationAfghanistan18 Sep 2012 aAlgeria30 Mar 2007 Andorra27 Apr 2007 11 Mar 2014 Angola19 May 2014 aAntigua and Barbuda30 Mar 2007 Argentina30 Mar 2007 2 Sep 2008 Armenia30 Mar 2007 Australia21 Aug 2009 aAustria30 Mar 2007 26 Sep 2008 Azerbaijan 9 Jan 2008 28 Jan 2009 Bangladesh12 May 2008 aBelgium30 Mar 2007 2 Jul 2009 Benin 8 Feb 2008 5 Jul 2012 Bolivia (Plurinational State of)<superscript>1</superscript>13 Aug 2007 16 Nov 2009 Bosnia and Herzegovina29 Jul 2009 12 Mar 2010 Brazil30 Mar 2007 1 Aug 2008 Bulgaria18 Dec 2008 Burkina Faso23 May 2007 23 Jul 2009 Burundi26 Apr 2007 22 May 2014 Cambodia 1 Oct 2007 Cameroon 1 Oct 2008 Canada 3 Dec 2018 aCentral African Republic 9 May 2007 11 Oct 2016 Chad26 Sep 2012 Chile30 Mar 2007 29 Jul 2008 Congo30 Mar 2007 2 Sep 2014 Cook Islands 8 May 2009 aCosta Rica30 Mar 2007 1 Oct 2008 Côte d'Ivoire 7 Jun 2007 Croatia30 Mar 2007 15 Aug 2007 Cyprus30 Mar 2007 27 Jun 2011 Czech Republic30 Mar 2007 Democratic Republic of the Congo30 Sep 2015 aDenmark<superscript>2</superscript>23 Sep 2014 aDjibouti18 Jun 2012 aDominica 1 Oct 2012 aDominican Republic30 Mar 2007 18 Aug 2009 Ecuador30 Mar 2007 3 Apr 2008 El Salvador30 Mar 2007 14 Dec 2007 Estonia30 May 2012 aEswatini25 Sep 2007 24 Sep 2012 Fiji 2 Jun 2010 Finland30 Mar 2007 11 May 2016 France23 Sep 2008 18 Feb 2010 Gabon25 Sep 2007 26 Jun 2014 Gambia 6 Jul 2015 aGeorgia10 Jul 2009 12 Apr 2021 Germany30 Mar 2007 24 Feb 2009 Ghana30 Mar 2007 31 Jul 2012 Greece27 Sep 2010 31 May 2012 Guatemala30 Mar 2007 7 Apr 2009 Guinea31 Aug 2007 8 Feb 2008 Guinea-Bissau24 Sep 2013 22 Oct 2018 Haiti23 Jul 2009 aHonduras23 Aug 2007 16 Aug 2010 Hungary30 Mar 2007 20 Jul 2007 Iceland30 Mar 2007 Italy30 Mar 2007 15 May 2009 Jamaica30 Mar 2007 Jordan30 Mar 2007 Kazakhstan11 Dec 2008 Latvia22 Jan 2010 31 Aug 2010 Lebanon14 Jun 2007 Liberia30 Mar 2007 Lithuania30 Mar 2007 18 Aug 2010 Luxembourg30 Mar 2007 26 Sep 2011 Madagascar25 Sep 2007 Mali15 May 2007 7 Apr 2008 Malta30 Mar 2007 10 Oct 2012 Mauritania 3 Apr 2012 aMauritius25 Sep 2007 Mexico30 Mar 2007 17 Dec 2007 Monaco27 Jun 2019 27 Jun 2019 Mongolia13 May 2009 aMontenegro27 Sep 2007 2 Nov 2009 Morocco 8 Apr 2009 aMozambique30 Jan 2012 aNamibia25 Apr 2007 4 Dec 2007 Nepal 3 Jan 2008 7 May 2010 New Zealand<superscript>3</superscript> 4 Oct 2016 aNicaragua21 Oct 2008 2 Feb 2010 Niger 2 Aug 2007 24 Jun 2008 Nigeria30 Mar 2007 24 Sep 2010 North Macedonia29 Jul 2009 29 Dec 2011 Palau11 Jun 2013 aPanama30 Mar 2007 7 Aug 2007 Paraguay30 Mar 2007 3 Sep 2008 Peru30 Mar 2007 30 Jan 2008 Portugal30 Mar 2007 23 Sep 2009 Qatar 9 Jul 2007 Republic of Moldova27 Sep 2018 Romania25 Sep 2008 Rwanda15 Dec 2008 aSan Marino30 Mar 2007 22 Feb 2008 Saudi Arabia24 Jun 2008 aSenegal25 Apr 2007 Serbia17 Dec 2007 31 Jul 2009 Seychelles30 Mar 2007 Sierra Leone30 Mar 2007 Slovakia26 Sep 2007 26 May 2010 Slovenia30 Mar 2007 24 Apr 2008 Solomon Islands24 Sep 2009 South Africa30 Mar 2007 30 Nov 2007 Spain30 Mar 2007 3 Dec 2007 St. Lucia11 Jun 2020 aSt. Vincent and the Grenadines29 Oct 2010 aState of Palestine10 Apr 2019 aSudan24 Apr 2009 aSweden30 Mar 2007 15 Dec 2008 Syrian Arab Republic10 Jul 2009 aThailand 2 Sep 2016 aTogo23 Sep 2008 1 Mar 2011 Tunisia30 Mar 2007 2 Apr 2008 Turkey28 Sep 2009 26 Mar 2015 Turkmenistan10 Nov 2010 aUganda30 Mar 2007 25 Sep 2008 Ukraine24 Sep 2008 4 Feb 2010 United Arab Emirates12 Feb 2008 United Kingdom of Great Britain and Northern Ireland26 Feb 2009 7 Aug 2009 United Republic of Tanzania29 Sep 2008 10 Nov 2009 Uruguay28 Oct 2011 aVenezuela (Bolivarian Republic of)24 Sep 2013 aYemen11 Apr 2007 26 Mar 2009 Zambia29 Sep 2008 Zimbabwe23 Sep 2013 a
Declarations and Reservations (Unless otherwise indicated, the declarations and reservations were made upon ratification, acceptance, approval or accession.) AzerbaijanDeclaration:“The Republic of Azerbaijan declares that it is unable to guarantee the application of the provisions of the Protocol in the territories occupied by the Republic of Armenia until these territories are liberated from occupation.”El Salvador<superscript>1,4,5</superscript>Guinea-BissauDeclaration:The Republic of Guinea-Bissau does not recognize the competence of the Committee under articles 6 and 7 to conduct inquiries into serious and systematic violations of the Convention (Article 8).Syrian Arab RepublicDeclaration:The Government of the Syrian Arab Republic declares that it does not recognize the competence of the Committee on the Rights of Persons with Disabilities (“the Committee”) provided for in articles 6 and 7 of the Optional Protocol, in accordance with Article 8 of that Protocol, which provides that each State Party may, at the time of signature or ratification of the present Protocol or accession thereto, declare that it does not recognize the competence of the Committee provided for in articles 6 and 7.Turkey<superscript>6</superscript>Declaration:“Turkey declares that [its] ratification of the Optional Protocol to the Convention on the Rights of Persons with Disabilities neither amounts to any form of recognition of the Greek Cypriot Administration’s pretention to represent the defunct ‘Republic of Cyprus’ as party to that Protocol, nor should it imply any obligation on the part of Turkey to enter into any dealing with the so-called Republic of Cyprus within the framework of the said Protocol.”Objections (Unless otherwise indicated, the objections were made upon ratification, acceptance, approval or accession.) Austria<right>26 September 2008</right>With regard to the reservation made by El Salvador upon signature and confirmed upon ratification:“The Government of Austria has examined the reservation to the Convention on the Rights of Persons with Disabilities and Optional Protocol thereto made by the Government of El Salvador.According to its reservation, El Salvador envisages becoming Party to the Convention only to the extent that its provisions do not prejudice or violate the provisions of any of the precepts, principles and norms enshrined in the Constitution of the Republic of El Salvador, particularly in its enumeration of principles. In the absence of further clarification, this reservation does not clearly specify the extent of El Salvador’s derogation from the provisions of the Convention. This general and vague wording of the reservation raises doubts as to the degree of commitment assumed by El Salvador in becoming a party to the Convention and is therefore incompatible with international law.The Government of Austria objects to the reservation made by the Government of the Republic of El Salvador to the Convention on the Rights of Persons with Disabilities and Optional Protocol thereto.This objection, however, does not preclude the entry into force, in its entirety, of the Convention between Austria and El Salvador.”<right>16 March 2016</right>With regard to the declaration made by Turkey upon ratification:“The Government of Austria has examined the declaration made by the Republic of Turkey upon ratification of the Optional Protocol to the Convention on the Rights of Persons with Disabilities adopted on 13 December 2006. It welcomes the ratification of the Optional Protocol by Turkey as a significant step for the promotion of the rights of persons with disabilities. However, as a member state of the European Union, Austria opposes the declaration made by the Republic of Turkey which describes another member state, the Republic of Cyprus, as a defunct entity.”Cyprus<right>11 February 2016</right>With regard to the declaration made by Turkey upon ratification:“The Republic of Cyprus has examined the declaration deposited by the Republic of Turkey upon ratification of the Optional Protocol to the Convention on the Rights of Persons with Disabilities (New York, 13 December 2006) on 26 March 2015, limiting the implementation of the provisions of the Convention and the Protocol, by excluding the Republic of Cyprus from the application of the Protocol at reference by the Republic of Turkey. The content of the declaration makes it tantamount in its essence to a reservation. Such a reservation is contrary to the object and purpose of the Convention and its Protocol, as it prevents the realization of the cooperation between States Parties foreseen by the Convention and its Protocol. In addition, such a declaration / reservation also relies on the principle of reciprocity, which is incompatible with human rights’ obligations assumed through this Convention. The legal reasoning, cited above, renders Turkey’s declaration unacceptable, as the declaration under reference contravenes the letter and the spirit of the Convention and its Protocol. The Republic of Cyprus, therefore, objects to the aforesaid declaration made by the Republic of Turkey and considers the declaration null and void. This objection shall not preclude the entry into force of the Convention, in its entirety, between the Republic of Cyprus and the Republic of Turkey, without the Republic of Turkey benefiting from its declaration / reservation.”Greece<right>16 March 2016</right>With regard to the declaration made by Turkey upon ratification:“… The Government of the Hellenic Republic has examined the declaration made by the Republic of Turkey upon ratification, on 26 March 2015, of the Optional Protocol to the Convention on the Rights of Persons with Disabilities.The Republic of Turkey declares that its ratification of the Optional Protocol to the Convention on the Rights of Persons with Disabilities should not imply any obligation on the part of Turkey to enter into any dealing with the Republic of Cyprus within the framework of the said Protocol.In [the] view of the Government of the Hellenic Republic, the above declaration in fact amounts to a reservation, as it purports to exclude the application of the Protocol in Turkey's relations with the Republic of Cyprus. Such a reservation is incompatible with the principle that inter-State reciprocity has no place in the context of human rights treaties, which concern the endowment of individuals with rights. It is, therefore, contrary to the object and purpose of the Convention on the Rights of Persons with Disabilities and its Optional Protocol.The Government of the Hellenic Republic recalls that, according to Article 14 paragraph 1 of the Optional Protocol to the Convention on the Rights of Persons with Disabilities, reservations incompatible with the object and purpose of this Protocol shall not be permitted.For the above reasons, the Government of the Hellenic Republic objects to the declaration made by the Republic of Turkey upon ratification of the said Protocol.This objection shall not preclude the entry into force of the Protocol between the Hellenic Republic and the Republic of Turkey…”1See Note 1 under "Bolivia (Plurinational State of)" in the “Historical Information” section.2 Upon its accession of the Optional Protocol the Government of Denmark notified the Secretary-General that the Optional Protocol shall not apply to Greenland.3With a territorial exclusion. See C.N.721.2016.TREATIES-IV.15.a of 4 October 2016.4On 28 January 2010, the Secretary-General received from the Government of Germany the following communication relating to the declaration made by the Republic of El Salvador upon signature and confirmed upon ratification: “The Federal Republic of Germany has carefully examined the aforementioned reservation. The Federal Republic of Germany is of the opinion that reservations which consist in a general reference to a system of norms (like the constitution or the legal order of the reserving State) without specifying the contents thereof leave it uncertain to which extent that State accepts to be bound by the obligations under the treaty. Moreover, those norms may be subject to changes. The reservation made by the Republic of El Salvador is therefore not sufficiently precise to make it possible to determine the restrictions that are introduced into the agreement. The Federal Republic of Germany is therefore of the opinion that the reservation is incompatible with object and purpose of the Convention and the Protocol and would like to recall that, according to Article 46, paragraph 1 of the Convention, and Article 14, paragraph 1 of the Protocol, a reservation incompatible with the object and purpose of the Convention shall not be permitted. The Federal Republic of Germany therefore objects to the above-mentioned reservation. This objection shall not preclude the entry into force of the Convention and the Protocol between the Federal Republic of Germany and the Republic of El Salvador.”5 On 18 March 2015, the Government of El Salvador informed the Secretary-General that it had decided to withdraw the following Reservation made upon signature and confirmed upon ratification: The Government of the Republic of El Salvador signs the present Convention on the Rights of Persons with Disabilities and the Optional Protocol thereto, adopted by the United Nations General Assembly on 13 December 2006, to the extent that its provisions do not prejudice or violate the provisions of any of the precepts, principles and norms enshrined in the Constitution of the Republic of El Salvador, particularly in its enumeration of principles.6On 6 December 2016, the Secretary-General received from the Government of Portugal the following communication relating to the declaration made by the Republic of Turkey upon ratification: “The Government of the Portuguese Republic has examined the declaration made by the Republic of Turkey upon ratification of the Optional Protocol to the Convention on the Rights of Persons with Disabilities adopted on 13 December 2006. It welcomes the ratification of the Optional Protocol by the Republic of Turkey since this is a significant step for the promotion of human rights, particularly the rights of those persons with disabilities. Nevertheless, the Portuguese Republic, as a European Union Member State, opposes the declaration made by the Republic of Turkey since it describes another Member State, the Republic of Cyprus, as a defunct entity.”