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 14/11/2018

Switzerland

Objection contained in a Note Verbale from the Permanent Representation of Switzerland, dated 11 December 2017, deposited with the instrument of ratification on 14 December 2017 – Or. Fr.

The Swiss Federal Council has examined the declaration made by the Republic of Poland upon ratification of the Council of Europe Convention of 11 May 2011 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 the provisions of the Constitution of the Republic of Poland.

The Swiss Federal Council considers that this declaration amounts in fact to a reservation. Under Article 78 of the Convention, no reservation is permitted in respect of the provisions of the Convention, with a limited number of exceptions provided for in that article. The declaration made by the Republic of Poland goes beyond what is permitted by the Convention.

Moreover, a reservation which subordinates any provision of the Convention in general to the Constitution of the Republic of Poland constitutes a reservation of general scope which is likely to cast doubt on the full commitment of the Republic of Poland to the object and purpose of the Convention.

The declaration made by the Republic of Poland appears to be incompatible both with Article 78 and with the object and purpose of the Convention. The Swiss Federal Council recalls that according to this provision as well as according to Article 19 of the Vienna Convention of 23 May 1969 on the Law of Treaties, such reservations are not permitted.

It is in the common interest of States that the instruments to which they have chosen to become parties be respected in their object and purpose by all parties and that States be prepared to modify their legislation in order to fulfill their treaty obligations.

The Swiss Federal Council therefore objects to the declaration of the Republic of Poland. This objection shall not preclude the entry into force of the Convention, in its entirety, between Switzerland and the Republic of Poland.
Period covered: 01/04/2018 -
Articles concerned : -


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