Vorbehalte und Erklärungen für Vertrag Nr.210 - Übereinkommen des Europarats zur Verhütung und Bekämpfung von Gewalt gegen Frauen und häuslicher Gewalt

Art der Erklärung : Einwände
Datum 21/09/2019


Objection contained in a Note Verbale from the Permanent Representation of Finland, dated 26 April 2016, registered at the Secretariat General on 29 April 2016 – Or. Engl.

The Government of Finland has carefully examined the contents of the declaration made by the Republic of Poland concerning the Council of Europe Convention on preventing and combating violence against women and domestic violence according to which the Republic of Poland will apply the Convention in accordance with the principles and provisions of the Constitution of the Republic of Poland. The Government of Finland notes that the declaration seems to constitute a reservation as it limits the scope of the application of the Convention. This declaration/reservation seems to be incompatible with Article 78 according to which no reservation may be made in respect of any provision of the Convention with a limited number of exceptions provided for by that Article.

Furthermore, a reservation which consists of a general reference to national law without specifying its contents does not clearly define for the other Parties of the Convention the extent to which the Republic of Poland commits itself to the Convention and therefore may raise doubts as to the commitment of the Republic of Poland to fulfil its obligations under the Convention. Such a reservation is also subject to the general principle of treaty interpretation according to which a party may not invoke the provisions of its domestic law as justification for a failure to perform its treaty obligations.

In its present formulation, the declaration/reservation made by the Republic of Poland seems to be incompatible with both Article 78 and the object and purpose of the Convention. According to Article 19 of the Vienna Convention on the Law of the Treaties, such reservations shall not be permitted.

Therefore, the Government of Finland objects to the aforesaid declaration/reservation made by the Republic of Poland. This objection does not preclude the entry into force of the Convention between Finland and the Republic of Poland. The Convention will thus become operative between the two States without the Republic of Poland benefitting from this reservation.
In Kraft: 29/04/2016 -
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