Objection with regard to the declaration made by Libya upon ratification: (12 February 2019)
"… the Government of the Kingdom of Norway has carefully examined the declaration made by the Government of the State of Libya upon ratification of the Convention on the Rights of Persons with Disabilities.
The Government of the Kingdom of Norway is of the opinion that by declaring that Article 25 (a) of the Convention on the Rights of Persons with Disabilities will be interpreted in a manner that does not contravene with Islamic sharia and its national legislation, the Government of the State of Libya has made a declaration which amounts to a reservation that raises doubts as to the full commitment of the Government of the State of Libya to the object and purpose of the Convention.
It is in the common interest of States that treaties to which they have chosen to become Parties are respected, as to their object and purpose, by all Parties. The Government of Norway therefore objects to the aforesaid reservation. This objection shall not preclude the entry into force of the Convention between the Kingdom of Norway and the State of Libya. The Convention thus becomes operative between the two States, without the State of Libya benefitting from its aforementioned reservation."
Objection to the reservation made by Brunei Darussalam upon ratification: (17 April 2017)
"The Government of Norway has examined the contents of the reservation made by Brunei Darussalam on 18 April 2016 in relation to the Convention on the Rights of Persons with Disabilities of 13 December 2006 in which '[t]he Government of Brunei Darussalam expresses its reservation regarding those provisions of the said 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'.
By declaring itself not bound by an essential provision of the Convention and invoking general reference to the national Constitution and religious law without further description of its content, Brunei Darussalam exempts the other States Parties to the Convention from the possibility of assessing the full effects of the reservation. The Government of Norway is of the view that the reservation casts doubts as to the full commitment of the Government of Brunei Darussalam to the object and purpose of the Convention. Furthermore, such a reservation may contribute to undermining the basis of international treaty law.
It is in the common interest of States that treaties to which they have chosen to become Parties are respected, as to their object and purpose, by all Parties. The Government of Norway therefore objects to the aforesaid reservation.
This objection shall not preclude the entry into force of the Convention between the Kingdom of Norway and Brunei Darussalam. The Convention thus becomes operative between the Kingdom of Norway [and Brunei Darussalam], without Brunei Darussalam benefitting from its aforementioned reservation."
Declarations made upon ratification:
Article 12
"Norway recognises that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life. Norway also recognizes its obligations to take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity. Furthermore, Norway declares its understanding that the Convention allows for the withdrawal of legal capacity or support in exercising legal capacity, and/or compulsory guardianship, in cases where such measures are necessary, as a last resort and subject to safeguards."
Articles 14 and 25
"Norway recognises 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, Norway 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."
| 法 | 条款 | 签字 | 文书 | 生效 |
|---|