Reservations and Declarations for Treaty No.201 - Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse

Nature of declaration : Objections
Status as of 06/03/2021

Germany

Objection contained in the Note verbale No. 13/220 from the Permanent Representation of Germany to the Council of Europe, dated 9 December 2020, registered at the Secretariat General on 9 December 2020 – Or. Engl./Ger.

The Government of the Federal Republic of Germany has carefully examined the declarations made by the Republic of Azerbaijan upon signature, on 19 December 2019, of the Council of Europe Convention of 25 October 2007 (CETS No. 201) on the Protection of Children against Sexual Exploitation and Sexual Abuse.

(i) The Federal Republic of Germany notes that the declaration by the Republic of Azerbaijan, according to which the Republic of Azerbaijan declares that the provisions of the Convention shall not be applied by the Republic of Azerbaijan in respect of the Republic of Armenia, amounts to a reservation which, however, is impermissible pursuant 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 made by the Republic of Azerbaijan.

(ii) 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. The Federal Republic of Germany therefore considers the reservation to be contrary to the provisions and the object and purpose of the Convention as a multilateral treaty.

(iii) The Federal Republic of Germany objects to the aforementioned reservation. This objection shall not preclude the entry into force of the Convention between the Federal Republic of Germany and the Republic of Azerbaijan.
Period covered: 09/12/2020 -
Articles concerned : -


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