知识产权条约集

Objection to the reservation made by Brunei Darussalam upon ratification: (13 April 2017)
"The Government of the Kingdom of the Netherlands has carefully examined the reservation made by Brunei Darussalam upon ratification of the Convention on the Rights of Persons with Disabilities.
The Government of the Kingdom of the Netherlands notes that Brunei expressed 'its reservation regarding those provisions of the Convention that may be contrary to the Constitution of Brunei Darussalam and to the beliefs and principles of Islam, the official religion of Brunei Darussalam'.
The Government of the Kingdom of the Netherlands considers that such a reservation, which seeks to limit the responsibilities of the reserving State under the Convention by invoking provisions of its domestic law and/or religious beliefs and principles, is likely to deprive the provisions of the Convention of their effect and therefore must be regarded as incompatible with the object and purpose of the Convention.
The Government of the Kingdom of the Netherlands recalls that according to customary international law, as codified in the Vienna Convention on the Law of Treaties, reservations incompatible with the object and purpose of a treaty shall not be permitted.
The Government of the Kingdom of the Netherlands therefore objects to the reservation of Brunei Darussalam to the Convention.
This objection shall not preclude the entry into force of the Convention between the Kingdom of the Netherlands and Brunei Darussalam."

Objection with regard to the reservations made by Malaysia upon ratification: (14 June 2016)
"The Government of the Kingdom of the Netherlands has carefully examined the reservation and declaration made by the Government of Malaysia upon ratification of the Convention on the rights of persons with disabilities.
The Government of the Kingdom of the Netherlands considers that the provisions of Articles 15 and 18 are core provisions of the Convention and that the exclusion of their application is incompatible with the object and purpose of the Convention.
The Government of the Kingdom of the Netherlands considers that the declaration made by Malaysia in substance constitutes a reservation limiting the scope of the Convention.
The Government of the Kingdom of the Netherlands notes that this reservation, according to which "...its application and interpretation of the Federal Constitution of Malaysia pertaining to the principles of non-discrimination and equality of opportunity shall not be treated as contravening articles 3 b), 3(e) and 5(2) of the said Convention", implies that the application of these provisions of the Convention is made subject to national legislation in force in Malaysia.
The Government of the Kingdom of the Netherlands considers that such a reservation must be regarded as incompatible with the object and purpose of the Convention and would recall that, in accordance with Article 46 of the Convention, reservations incompatible with its object and purpose shall not be permitted.
The Government of the Kingdom of the Netherlands therefore objects to the reservations made by Malaysia to the Convention on the rights of persons with disabilities.
This objection shall not preclude the entry into force of the Convention between the Kingdom of the Netherlands and Malaysia.
The Government of the Kingdom of the Netherlands recalls that according to Article [46], paragraph [1] of the Convention, a reservation incompatible with the object and purpose of the Convention shall not be permitted. The Government of the Kingdom of the Netherlands therefore objects to these reservations."

Objection with regard to the reservation made by the Islamic Republic of Iran upon accession: (14 June 2016)
"The Government of the Kingdom of the Netherlands has carefully 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 Government of the Kingdom of the Netherlands considers that the declaration made by the Islamic Republic of Iran in substance constitutes a reservation limiting the scope of the Convention.
The Government of the Kingdom of the Netherlands notes that the reservation, according to which "... with regard to Article 46, the Islamic Republic of Iran declares that it does not consider itself bound by any provisions of the Convention, which may be incompatible with its applicable rules", implies that the application of the Convention is made subject to a general reservation referring to national legislation in force in the Islamic Republic of Iran.
The Government of the Kingdom of the Netherlands considers that such a reservation must be regarded as incompatible with the object and purpose of the Convention and would recall that, in accordance with Article 46 of the Convention, reservations incompatible with its object and purpose shall not be permitted.
The Government of the Kingdom of the Netherlands therefore objects to the reservation made by the Islamic Republic of Iran to the Convention on the rights of persons with disabilities.
This objection shall not preclude the entry into force of the Convention between the Kingdom of the Netherlands and the Islamic Republic of Iran.
The Government of the Kingdom of the Netherlands recalls that according to article [46], paragraph [2] of the Convention, a reservation incompatible with the object and purpose of the Convention shall not be permitted. The Government of the Kingdom of the Netherlands therefore objects to these reservations."

Declarations made upon ratification:
"Article 10
The Kingdom of the Netherlands acknowledges that unborn human life is worthy of protection. The Kingdom of the Netherlands interprets the scope of Article 10, in line with the relevant case law of the European Court of Human Rights on this issue, to the effect that such protection - and thereby the term "human being" - is a matter of national legislation.
Article 12
The Kingdom of the Netherlands recognizes that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life. Furthermore, the Kingdom of the Netherlands declares its understanding that the Convention allows for supported and substitute decision-making arrangements in appropriate circumstances and in accordance with the law. The Kingdom of the Netherlands interprets Article 12 as restricting substitute decision-making arrangements to cases where such measures are necessary, as a last resort and subject to safeguards.
Article 14
The Kingdom of the Netherlands recognizes that all persons with disabilities enjoy the right to liberty and security of person, and a right to respect for physical and mental integrity on an equal basis with others. Furthermore, the Kingdom of the Netherlands declares its understanding that the Convention allows for compulsory care or treatment of persons, including measures to treat mental illnesses, when circumstances render treatment of this kind necessary as a last resort, and the treatment is subject to legal safeguards.
Article 15
The Kingdom of the Netherlands declares that it will interpret the term "consent" in article 15 in conformity with international instruments and national legislation which is in line with these instruments. This means that, as far as biomedical research is concerned, the term "consent" applies to two different situations:
1. Consent given by a person who is able to consent, and
2. In the case of persons who are not able to give their consent, permission given by their representative or an authority or body provided for by law.
The Kingdom of the Netherlands considers it important that persons who are unable to give their free and informed consent receive specific protection taking into consideration the importance of the development of medical science for the benefit of persons with a disability. In addition to the permission referred to under 2. above, other protective measures as included in international instruments are considered to be part of this protection.

Declarations made upon ratification (continued):
Article 23
With regard to Article 23 paragraph 1(b), the Kingdom of the Netherlands declares that the best interests of the child shall be paramount.
Article 25
The Kingdom of the Netherlands interprets article 25(a) to concern access to health care and the affordability of health care, and confirms that discrimination in such matters is not allowed. The Kingdom of the Netherlands considers it also important that health care professionals may determine which health care is provided based on medical grounds and its expected (in)effectiveness.
The individual autonomy of the person is an important principle laid down in Article 3(a) of the Convention. The Kingdom of the Netherlands understands Article 25(f) in the light of this autonomy. This provision is interpreted to mean that good care involves respecting a person's wishes with regard to medical treatment, food and fluids, and that a decision to withhold any of these can also be based on medical grounds.
Article 29
The Kingdom of the Netherlands is fully committed to ensure the effective and full exercise by persons with disabilities of their right and opportunity to vote by secret ballot. It recognizes the importance of persons with disabilities to have, where necessary, at their request, assistance in voting. To safeguard voting by secret ballot without intimidation, as provided for in article 29(a)(ii), and to ensure the principle of one vote per person, the Kingdom of the Netherlands declares that it will interpret the term "assistance" in article 29(a)(iii) as assistance only to be effected outside the voting booth, except with regard to assistance required due to a physical disability, in which case assistance may also be permitted inside the voting booth."

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

签署时作出的声明：
“荷兰王国特此表示其批准《残疾人权利公约》的意向，服从于如下声明和这类进一步的声明和保留，因为这被认为对批准‘公约’可能是必要的。
第十条
荷兰王国承认未出生的人类生命值得保护。王国对第十条范围的解释的大意是这种保护，以及‘人类’一词是国家立法事务。
第十五条
荷兰声明它对第十五条中‘同意’一词的解释将与国际文书，例如《欧洲理事会人权与生物医学公约》和有关生物医学研究的《附加议定书》，以及依照这些文书的国家立法相一致。这意味着，就生物医学研究而言，‘同意’一词适用于两种不同情况：
1. 由能够同意的人予以同意，以及
2. 在不能予以其同意的人的情况下，由他们的代表或一个管理机构或法律规定的机构予以同意。
荷兰认为重要的是使不能予以其自由和知情同意的人们受到特别保护。除上述第2点中提及的允许外，上述国际文书中述及的其它保护性措施也被视为这一保护的一部分。
第二十三条
关于第二十三条第一款（二），荷兰声明儿童的最高利益应当至高无上。
第二十五条
人们的个人自主是‘公约’第三条第（一）款规定的一个重要原则。荷兰理解第二十五条第（五）款是考虑到这一自主原则。对这一条款解释的意思是好的照顾包括在医疗、食物和液体方面尊重人的愿望。
鸣谢：译文由WIPO提供。© 2014 WIPO