مجموعة معاهدات الملكية الفكرية

Objection to the reservation made by Brunei Darussalam upon ratification: (27 February 2017)
"The Swiss Federal Council has examined the reservation made by the Government of Brunei Darussalam upon ratification of the Convention of 13 December 2006 on the Rights of Persons with Disabilities.
The reservation, subordinating in general all provisions of the Convention to the Constitution of Brunei Darussalam and to the beliefs and principles of Islam, constitutes a reservation of general scope that may raise doubts about the full commitment of Brunei Darussalam to the object and purpose of the Convention. The Swiss Federal Council notes that, according to article 46, paragraph 1 of the Convention and to article 19(c) of the Vienna Convention of 23 May 1969 on the Law of Treaties, no reservation incompatible with the object and purpose of the Convention is permissible.
It is in the common interest of States that the object and purpose of the instruments to which they choose to become parties be respected by all parties thereto, and that States be prepared to amend their legislation in order to fulfil their treaty obligations.
Consequently, the Swiss Federal Council objects to the reservation made by Brunei Darussalam. This objection shall not preclude the entry into force of the Convention, in its entirety, between Switzerland and Brunei Darussalam."

Objection with regard to the reservation by the Republic of El Salvador made upon signature and confirmed upon ratification: (15 April 2014)
With respect to the reservation by the Republic of El Salvador made upon signature and confirmed upon ratification:
The Swiss Federal Council has examined the reservation made by the Government of the Republic of El Salvador upon ratification of the Convention on the Rights of Persons with Disabilities.
The Swiss Federal Council believes that the reservation made gives precedence to the Constitution of the Republic of El Salvador over the Convention. The Swiss Federal Council is of the view that the reservation does not clearly specify the extent of the derogation. Accordingly, the reservation is incompatible with the object and purpose of the Convention and is not permissible under article 46, paragraph 1, of the Convention.
It is in the common interest of States that the object and purpose of the instruments to which they choose to become parties be respected by all parties thereto, and that States be prepared to amend their legislation in order to fulfil their treaty obligations.
The Swiss Federal Council objects to the reservation of the Republic of El Salvador. This objection shall not preclude the entry into force of the Convention, in its entirety, between the Republic of El Salvador and Switzerland.

Objection with regard to the declaration by the Islamic Republic of Iran upon accession: (15 April 2014)
With regard to the declaration made by the Islamic Republic of Iran upon accession:
The Swiss Federal Council has examined the declaration made by the Government of the Islamic Republic of Iran upon accession to the Convention on the Rights of Persons with Disabilities.
The Swiss Federal Council recalls that irrespective of the label given to it, a declaration constitutes a reservation if it excludes or modifies the legal effect of certain provisions of the treaty to which it relates. The Swiss Federal Council is of the opinion that, in substance, the declaration of the Islamic Republic of Iran constitutes a reservation to the Convention.
The Swiss Federal Council believes that the reservation formulated gives precedence to the rules of the Islamic Republic of Iran over the Convention. The Swiss Federal Council is of the view that this reservation does not clearly specify the extent of the derogation, in that it does not specify either the provisions of the Convention concerned or the rules of domestic law which the Islamic Republic of Iran intends to favour. Accordingly, the reservation is incompatible with the object and purpose of the Convention and is not permissible under article 46, paragraph 1, of the Convention.
It is in the common interest of States that the object and purpose of the instruments to which they choose to become parties be respected by all parties thereto, and that States be prepared to amend their legislation in order to fulfil their treaty obligations.
The Swiss Federal Council objects to the reservation of the Islamic Republic of Iran. This objection shall not preclude the entry into force of the Convention, in its entirety, between the Islamic Republic of Iran and Switzerland.

Objection with regard to the reservation by Malaysia upon ratification: (15 April 2014)
With regard to the reservation made by Malaysia upon ratification:
The Swiss Federal Council has examined the reservation made by the Government of Malaysia upon ratification of the Convention on the Rights of Persons with Disabilities.
The Swiss Federal Council believes that the specific reservation to article 15 concerns a fundamental legal guarantee enjoyed by persons with disabilities. Accordingly, the reservation to article 15 is incompatible with the object and purpose of the Convention and is not permissible under article 46, paragraph 1, of the Convention.
It is in the common interest of States that the object and purpose of the instruments to which they choose to become parties be respected by all parties thereto, and that States be prepared to amend their legislation in order to fulfil their treaty obligations.
The Swiss Federal Council objects to the reservation of Malaysia. This objection shall not preclude the entry into force of the Convention, in its entirety, between Malaysia and Switzerland.