Reservations and Declarations for Treaty No.201 - Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse
AustriaObjection contained in the Note verbale No. RECHT-ÖV/0039/2020 from the Permanent Representation of Austria to the Council of Europe, dated 16 December 2020, registered at the Secretariat General on 16 December 2020 – Or. Engl.
The Government of Austria has carefully examined the declarations made by the Republic of Azerbaijan upon ratification of the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse on 19 December 2019.
Austria considers the first declaration to amount to a reservation, because it aims at generally excluding the application of the Convention by Azerbaijan in relation to another State Party, namely the Republic of Armenia, on a unilateral basis.
This reservation is impermissible according to Article 48 of the Convention that prohibits reservations to this Convention except for those specifically mentioned, which do not include the reservation in question.
Furthermore, the reservation is contrary to the functioning of a multilateral treaty framework in general which, unless specifically provided for in the respective treaty, does not allow for the unilateral exclusion of the territory of a State that intends to become or is a State Party by another State that intends to become or is a State Party from the application of multilateral treaty obligations. Austria therefore considers the reservation to be contrary to the provisions and the object and purpose of the Convention as a multilateral treaty.
Austria objects to the aforementioned reservation. This objection shall not preclude the entry into force of the Convention between the Republic of Austria and the Republic of Azerbaijan.
Period covered: 16/12/2020 -