Riserve e dichiarazioni per trattato n°046 - Protocollo n° 4 alla Convenzione per la salvaguardia dei Diritti dell'Uomo e della Libertà fondamentali, che riconosce ulteriori diritti e libertà fondamentali rispetto a quelli già garantiti dalla Convenzione e dal primo Protocollo addizionale alla Convenzione

Natura della dichiarazione : Applicazione territoriale
Situazione in data del 22/10/2019

Paesi Bassi

Declaration contained in the instrument of ratification, deposited on 23 June 1982 - Or. Fr.

We approve herewith, for the Kingdom in Europe and the Netherlands Antilles, the said Protocol.
Periodo di efficacia: 23/06/1982 -
Articoli in questione : 5

Declaration contained in a letter from the Minister of Foreign Affairs, dated 9 June 1982, handed to the Secretary General at the time of deposit of the instrument of ratification, on 23 June 1982 - Or. Fr.

Since, following ratification by the Kingdom of the Netherlands, Protocol No. 4 to the Convention on Human Rights and Fundamental Freedoms, securing certain rights and freedoms other than those already specified in the Convention and the first Protocol, applies to the Netherlands and to the Netherlands Antilles, the Netherlands and the Netherlands Antilles are regarded as separate territories for the application of Articles 2 and 3 of the Protocol, in accordance with Article 5, paragraph 4. Under Article 3, no one may be expelled from or deprived of the right to enter the territory of the State of which he is a national. There is, however, only one nationality (Netherlands) for the whole of the Kingdom. Accordingly, nationality cannot be used as a criterion in making a distinction between the "citizens" of the Netherlands and those of the Netherlands Antilles, a distinction which is unavoidable since Article 3 applies separately to each of the parts of the Kingdom.

This being so, the Netherlands reserve the right to make a distinction in law, for purpose of the application of Article 3 of the Protocol, between Netherlands nationals residing in the Netherlands and Netherlands nationals residing in the Netherlands Antilles.

[Note by the Secretariat: See also the declaration contained in a Note verbale from the Permanent Representation of the Netherlands, dated 27 September 2010, registered at the Secretariat General on 28 September 2010 - Or. Engl.]
Periodo di efficacia: 23/06/1982 -
Articoli in questione : 3

Declaration contained in a letter from the Permanent Representative of the Netherlands, dated 24 December 1985, registered at the Secretariat General on 3 January 1986 - Or. Engl.

The island of Aruba, which is at present still part of the Netherlands Antilles, will obtain internal autonomy as a country within the Kingdom of the Netherlands as of 1 January 1986. Consequently the Kingdom will from then on no longer consist of two countries, namely the Netherlands (the Kingdom in Europe) and the Netherlands Antilles (situated in the Caribbean region), but will consist of three countries, namely the said two countries and the country Aruba.

As the changes being made on 1 January 1986 concern a shift only in the internal constitutional relations within the Kingdom of the Netherlands, and as the Kingdom as such will remain the subject under international law with which treaties are concluded, the said changes will have no consequences in international law regarding to treaties concluded by the Kingdom which already apply to the Netherlands Antilles, including Aruba. These treaties will remain in force for Aruba in its new capacity of country within the Kingdom. Therefore these treaties will as of 1 January 1986, as concerns the Kingdom of the Netherlands, apply to the Netherlands Antilles (without Aruba) and Aruba.

Consequently the treaties referred to in the annex, to which the Kingdom of the Netherlands is a Party and which apply to the Netherlands Antilles, will as of 1 January 1986 as concerns the Kingdom of the Netherlands apply to the Netherlands Antilles and Aruba.
List of Conventions referred to by the Declaration
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46. Protocol No. 4 ot the Convention for the Protection of Human Rights and Fundamental Freedoms, securing certain rights and freedoms other than those already included in the Convention and in the first Protocol thereto.
Periodo di efficacia: 01/01/1986 -
Articoli in questione : 5

Declaration contained in a Note verbale from the Permanent Representation of the Netherlands, dated 27 September 2010, registered at the Secretariat General on 28 September 2010 – Or. Engl.

In reference to the declaration made by the Kingdom of the Netherlands on ratifying Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms on 23 June 1982, the Kingdom of the Netherlands wishes to make the following declaration :

The Kingdom of the Netherlands, consisting as per 10 October 2010 of the European part of the Netherlands, the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba), Aruba, Curaçao and Sint Maarten, regards theses parts as separate territories for the applications of Articles 2 and 3 of the Protocol.
Periodo di efficacia: 01/10/2010 -
Articoli in questione : 3


Fonte: Ufficio dei Trattati, http://conventions.coe.int - * Disclaimer.