Objection with regard to the declaration made by Libya upon ratification: (15 February 2019)
"The Government of Hungary has examined the declaration made by Libya upon ratification of the Convention on the Rights of Persons with Disabilities done in New York on 13 December 2006.
Hungary is of the view that by declaring to interpret Article 25 (a) in a manner that does not contravene the Islamic sharia and national legislation, Libya has in fact made a declaration of a general and indeterminate scope that amounts to a reservation.
This reservation raises doubts as to the extent of Libya's commitment to meet its obligations under the Convention and contravenes the very purpose of the Convention, that is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.
Hungary considers the aforementioned reservation inadmissible as it is incompatible with the object and purpose of the Convention, and objects to it. This objection shall not preclude the entry into force of the Convention between Hungary and Libya. The Convention will thus continue to be operative between the two States without Libya benefitting from its reservation."
Objection with regard to the reservation made by Brunei Darussalam upon ratification: (13 April 2017)
"The Government of Hungary has examined the Reservation of the Government of Brunei Darussalam to the Convention on the Rights of Persons with Disabilities at the time of its ratification of the Convention.
The Government of Hungary considers that by referring to the Constitution of Brunei Darussalam and to the beliefs and principles of Islam Brunei Darussalam has made a reservation of a general and indeterminate scope which leaves it unclear to what extent it feels bound by the obligations of the Convention.
Therefore, the Government of Hungary considers the reservation to be incompatible with the object and purpose of the Convention.
The Government of Hungary recalls that 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 a treaty shall not be permitted.
The Government of Hungary therefore objects to the aforesaid Reservation made by the Government of Brunei Darussalam to the Convention on the Rights of Persons with Disabilities. However, this objection shall not preclude the entry into force of the Convention between Hungary and Brunei Darussalam."
反对马来西亚加入时作出的保留:(2011年8月1日)
“匈牙利政府审查了马来西亚政府2010年7月19日在加入2006年12月13日联合国大会通过的《残疾人权利公约》时作出的有关‘公约’第十五和十八条的保留。
匈牙利政府认为,‘公约’第十五和十八条解决核心的人权价值,它不仅反映在诸如联合国《禁止酷刑和其他残忍、不人道或有辱人格的待遇或处罚公约》、《公民权利和政治权利国际公约》等一些多边条约中,也形成国际习惯法的一部分。
因此,根据作为条约和习惯规范的《维也纳条约法公约》第19条(3)款,这些保留是不允许的,因为它们有悖于‘公约’的目的和宗旨。
因而,匈牙利共和国政府反对马来西亚有关2006年12月13日联合国大会通过的《残疾人权利公约》第十五和十八条做出的保留。
鸣谢:译文由WIPO提供。© 2014 WIPO
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