知识产权条约集

Objection with regard to the reservations made by Suriname upon ratification: (29 March 2018)
"Having analysed the declarations made by the Republic of Suriname upon ratification of the Convention on the Rights of Persons with Disabilities, the Government of the United Mexican States has concluded that such declarations in fact constitute reservations.
Such declarations, the object of which is to exclude the legal effects of article 20, paragraph (a); article 24, paragraph 2 (b); and article 26, are contrary to the object and purpose of the Convention, specifically:
- Facilitating the personal mobility of persons with disabilities in the manner and at the time of their choice, and at affordable cost;
- Promoting access to an inclusive, quality and free primary education and secondary education on an equal basis with others in the communities in which they live; and
- Promoting, developing and implementing effective and relevant measures to provide comprehensive habilitation and rehabilitation services and programmes for persons with disabilities.
The above-mentioned reservations are therefore contrary to article 46, paragraph 1, of the Convention, as well as to article 19 of the Vienna Convention on the Law of Treaties.
The present objection shall not preclude the entry into force of the Convention between the Republic of Suriname and the United Mexican States. Accordingly, the Convention shall enter into force between the two States without the Republic of Suriname benefiting from the above-mentioned reservation."

On 3 January 2012, the Government of the United Mexican States informed the Secretary-General that it had decided to withdraw the interpretative declaration made upon ratification. The text of the interpretative declaration reads as follows:
"The Political Constitution of the United Mexican States, in its article 1, establishes that: "(...) any discrimination on the grounds of ethnic or national origin, gender, age, disability, social status, health, religion, opinion, preference, civil status or any other form of discrimination that is an affront to human dignity and is intended to deny or undermine the rights and freedoms of persons is prohibited".
In ratifying this Convention, the United Mexican States reaffirms its commitment to promoting and protecting the rights of Mexicans who suffer any disability, whether they are within the national territory or abroad.
The Mexican State reiterates its firm commitment to creating conditions that allow all individuals to develop in a holistic manner and to exercise their rights and freedoms fully and without discrimination.
Accordingly, affirming its absolute determination to protect the rights and dignity of persons with disabilities, the United Mexican States interprets paragraph 2 of article 12 of the Convention to mean that in the case of conflict between that paragraph and national legislation, the provision that confers the greatest legal protection while safeguarding the dignity and ensuring the physical, psychological and emotional integrity of persons and protecting the integrity of their property shall apply, in strict accordance with the principle pro homine."

反对伊朗伊斯兰共和国在加入时作出的保留：（2010年10月22日）
“墨西哥合众国审查了伊朗伊斯兰共和国就‘公约’做出的声明，得出的结论是声明实际上是一种保留。这一旨在排除‘公约’的某些条款的法律效力的保留与本文书的目的和宗旨不符。的确，声明是以一种可能阻碍实现‘公约’的规范条款的方式措辞的，包括第四条和第一条的那些条款，因而是违反本‘公约’第四十六条和《维也纳条约法公约》第19条的。应当注意的是《维也纳公约》第27条规定了国际法原则，缔约国不得援引其国内法律条款作为不遵守条约的理由。因此，声称国内法律优先于对所有缔约国生效的条约条款是不能允许的。
这一反对不妨碍‘公约’在伊朗伊斯兰共和国和墨西哥合众国之间生效。”
鸣谢：译文由WIPO提供。© 2014 WIPO