Reservations and Declarations for Treaty No.210 - Council of Europe Convention on preventing and combating violence against women and domestic violence
Nature of declaration : Objections
Status as of 18/11/2018
NorwayObjection contained in a Note Verbale from the Permanent Representation of Norway, dated 3 July 2017, registered at the Secretariat General on 5 July 2017 – Or. Engl.
The Government of Norway has carefully examined the declaration made by the Republic of Poland upon ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence, in which the Republic of Poland declares: “The Republic of Poland declares that it will apply the Convention in accordance with the principles and the provisions of the Constitution of the Republic of Poland.”
Norway notes that this declaration seems to amount to a reservation.
The Government of Norway notes that according to Article 78, paragraph 1, of the Convention, reservations are only permitted with regard to a limited and specified number of Articles.
By invoking a general reference to the national Constitution without further description of its content, the Republic of Poland exempts the other States Parties to the Convention from the possibility of assessing the full effects of the declaration. The Government of Norway considers that the reservation in its present form, which subjects the application of the Convention to the principles and provisions of the Republic of Poland, may cast doubts as to the commitment of the reserving State 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 declaration.
This objection shall not preclude the entry into force of the Convention between the Kingdom of Norway and the Republic of Poland, without the Republic of Poland benefiting from the aforesaid declaration.
Period covered: 01/11/2017 -
Articles concerned : -