Reservations and Declarations for Treaty No.005 - Convention for the Protection of Human Rights and Fundamental Freedoms

Nature of declaration : Territorial Applications
Status as of 18/08/2017

Netherlands

Declaration contained in the letter from the Permanent Representative of the Netherlands, dated 29 November 1954, deposited with the Secretary General on 1 December 1955 - Or. Fr.

The Convention shall apply to Surinam and the Netherlands Antilles [except as regards the provisions of free legal assistance under Article 6.3.c. (*)]

[Note by the Secretariat: The Convention no longer applies to Surinam since this territory became independant on 25 November 1975.
(*) This reservation was withdrawn by a letter from the Permanent Representative of the Netherlands, registered at the Secretariat General on 10 December 1980 - Or. Engl.
As of 10 October 2010, the term "the Netherlands Antilles" should be read as "Curaçao, Sint Maarten and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba)" – see the Communication from the Permanent Representation of the Netherlands registered at the Secretariat General on 28 September 2010, concerning the modification in the structure of the Kingdom.]
Period covered: 01/12/1955 -
Articles concerned : 56

Declaration contained in a letter from the Permanent Representative of the Netherlands, dated 24 December 1985, registered at the Secretariat General on 3 January 1986 - Or. Engl.

The island of Aruba, which is at present still part of the Netherlands Antilles (*), will obtain internal autonomy as a country within the Kingdom of the Netherlands as of 1 January 1986. Consequently the Kingdom will from then on no longer consist of two countries, namely the Netherlands (the Kingdom in Europe) and the Netherlands Antilles (situated in the Caribbean region), but will consist of three countries, namely the said two countries and the country Aruba.

As the changes being made on 1 January 1986 concern a shift only in the internal constitutional relations within the Kingdom of the Netherlands, and as the Kingdom as such will remain the subject under international law with which treaties are concluded, the said changes will have no consequences in international law regarding to treaties concluded by the Kingdom which already apply to the Netherlands Antilles, including Aruba. These treaties will remain in force for Aruba in its new capacity of country within the Kingdom. Therefore these treaties will as of 1 January 1986, as concerns the Kingdom of the Netherlands, apply to the Netherlands Antilles (without Aruba) and Aruba.

Consequently the treaties referred to in the annex, to which the Kingdom of the Netherlands is a Party and which apply to the Netherlands Antilles, will as of 1 January 1986 as concerns the Kingdom of the Netherlands apply to the Netherlands Antilles and Aruba.

List of Conventions referred to by the Declaration

(…)
5. Convention for the Protection of Human Rights and Fundamental Freedoms.
(…)

[Note by the Secretariat: The current situation of territories for whose international relations the Netherlands are responsible is the following:
Application of the Convention :
Netherlands Antilles: since 1 September 1974.
Aruba : since 1 January 1986.
(*) As of 10 October 2010, the term "the Netherlands Antilles" should be read as "Curaçao, Sint Maarten and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba)" – see the Communication from the Permanent Representation of the Netherlands registered at the Secretariat General on 28 September 2010, concerning the modification in the structure of the Kingdom. ]
Period covered: 01/01/1986 -
Articles concerned : 56

Declaration deposited with the Secretary General of the Council of Europe by the Deputy Permanent Representative of the Netherlands, on 30 August 1974 - Or. Fr.

In accordance with Article 25 of the Convention for the Protection of Human Rights and Fundamental freedoms, signed in Rome on 4 November 1950, the Kingdom of the Netherlands recognises, for the Kingdom in Europe, Surinam and the Netherlands Antilles , as from 31 August 1974 and for the period ending on 31 August 1979, the competence of the European Commission of Human Rights to receive petitions addressed to the Secretary General of the Council of Europe from any person, non-governmental organisation or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights set forth in the said Convention.

[Note by the Secretariat : This declaration was renewed as from 1 September 1979 until withdrawal by a declaration from the Minister for Foreign Affairs of the Netherlands, dated 22 August 1979, registered at the Secretariat General on 4 September 1979 - Or. Fr.]
Period covered: 31/08/1974 - 31/10/1998
Articles concerned : 56, Ex-25

Declaration from the Minister for Foreign Affairs of the Netherlands, dated 21 August 1974, registered at the Secretariat General on 30 August 1974 - Or. Fr.

The Kingdom of the Netherlands recognises, for the Kingdom in Europe, Surinam and the Netherlands Antilles, as compulsory ipso facto and without special agreement vis-à-vis any other Contracting Party to the under-mentioned Convention having accepted the same obligation, therefore on condition of reciprocity, the jurisdiction of the European Court of Human Rights in accordance with Article 46 of the Convention for the Protection of Human Rights and Fundamental freedoms signed in Rome on 4 November 1950 [see Article 56(4) of the Convention since the entry into force of Protocol No. 11], for a new period of five years as from 31 August 1974, in all matters concerning the interpretation and application of the Convention.

[Notes by the Secretariat : This declaration was renewed as from 1 September 1979 until withdrawal by a declaration from the Minister for Foreign Affairs of the Netherlands, dated 22 August 1979, registered at the Secretariat General on 4 September 1979 - Or. Fr.
See the Communication from the Permanent Representation of the Netherlands registered at the Secretariat General on 28 September 2010 – Or. Engl.]
Period covered: 31/08/1974 -
Articles concerned : 34, 56, Ex-46

Declaration transmitted by a letter from the Permanent Representative of the Netherlands, dated 31 August 1964, registered at the Secretariat General on 31 August 1964 - Or. Fr.

In accordance with Article 25 of the Convention for the Protection of Human Rights and Fundamental freedoms, signed in Rome on 4 November 1950, the Kingdom of the Netherlands recognises, for the Kingdom in Europe and Surinam, as from 31 August 1964 and for the period ending on 31 August 1969, the competence of the European Commission of Human Rights to receive petitions addressed to the Secretary General of the Council of Europe from any person, non-governmental organisation or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights set forth in the said Convention.

[Note by the Secretariat : This declaration was renewed for successive periods of five years :
- by a declaration from the Minister for Foreign Affairs a.i. of the Netherlands, dated 28 July 1969, registered at the Secretariat General on 25 August 1969 - Or. Fr.
- by a declaration from the Minister for Foreign Affairs of the Netherlands, dated 21 August 1974, registered at the Secretariat General on 30 August 1974 - Or. Fr.

The date registered by the Secretariat General as concluding this declaration is the one from which the Netherlands ceased to be responsible for the international relations of the said territory.]
Period covered: 31/08/1964 - 25/11/1975
Articles concerned : 56, Ex-25

Declaration from the State Secretary for Foreign Affairs of the Netherlands, dated 27 August 1964, registered at the Secretariat General on 31 August 1964 - Or. Fr.

The Kingdom of the Netherlands recognises, for the Kingdom in Europe and Surinam, as compulsory ipso facto and without special agreement vis-à-vis any other Contracting Party to the under-mentioned Convention having accepted the same obligation, therefore on condition of reciprocity, the jurisdiction of the European Court of Human Rights in accordance with Article 46 of the Convention for the Protection of Human Rights and Fundamental freedoms signed in Rome on 4 November 1950 [see Article 56(4) of the Convention since the entry into force of Protocol No. 11], for a new period of five years as from 31 August 1964, in all matters concerning the interpretation and application of the Convention.

[Notes by the Secretariat : This declaration was renewed for successive periods of five years :
- by a declaration from the Minister for Foreign Affairs a.i. of the Netherlands, dated 28 July 1969, registered at the Secretariat General on 25 August 1969 - Or. Fr.
- by a declaration from the Minister for Foreign Affairs of the Netherlands, dated 21 August 1974, registered at the Secretariat General on 30 August 1974 - Or. Fr.

The date registered by the Secretariat General as concluding this declaration is the one from which the Netherlands ceased to be responsible for the international relations of the said territory.]
Period covered: 31/08/1964 - 25/11/1975
Articles concerned : 56, Ex-46


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