Convention concerning the powers of authorities and the law applicable in respect of the protection of infants
Parties with reservations, declarations and objections
Party | Reservations / Declarations | Objections |
---|---|---|
Austria | Yes | No |
China | Yes | No |
France | Yes | No |
Lithuania | Yes | No |
Luxembourg | Yes | No |
Netherlands, the Kingdom of the | Yes | No |
Poland | Yes | No |
Portugal | Yes | No |
Spain | Yes | No |
Switzerland | Yes | No |
Türkiye | Yes | No |
Austria
12-03-1975
The Republic of Austria, in accordance with article 13, paragraph 3 of the Convention concerning the powers of authorities and the law applicable in respect of the protection of infants, reserves the right to limit the application of the Convention to infants who are nationals of one of the contracting states.
08-06-1990
[...] withdraws the reservation referred to in Article 13, third paragraph, of the
Convention made on the occasion of its ratification.
The reservation will cease to have effect on 7 August 1990.
China
07-10-1999
In accordance with the Joint Declaration of the Government of the People's Republic
of China and the Government of the Republic of Portugal on the Question of Macao (hereinafter
referred to as the Joint Declaration), the Government of the People's Republic of
China will resume the exercise of sovereignty over Macao with effect from 20 December
1999. Macao will from that date, become a Special Administrative Region of the People's
Republic of China and will enjoy a high degree of autonomy, except in foreign and
defence affairs which are the responsibilities of the Central People's Government
of the People's Republic of China.
It is Provided both in Section VIII of Elaboration by the Government of the People's
Republic of China of its Basic Policies Regarding Macao, which is annex I to the Joint
Declaration, and Article 138 of the Basic Law of Macao Special Administrative Region
of the People's Republic of China, which was adopted on 31 March 1993 by the National
People's Congress of the People's Republic of China, that international agreements
to which Government of the People's Republic of China is not yet a party but which
are implemented in Macao may continue to be implemented in the Macao Special Administrative
Region.
In accordance with the provisions mentioned above: [...]
Convention Concerning the Powers of Authorities and the Law Applicable in respect
of the Protection of Minors, done at the Hague on 5 October 1961 (hereinafter referred
to as the "Convention"), which applies to Macao at present, will continue to apply
to the Macao Special Administrative Region with effect from 20 December 1999.
Within the above ambit, the Government of the People's Republic of China will assume
the responsibility for the international rights and obligations that place on a party
to the Convention.
France
29-11-1961
With the reservation provided for in Article fifteen.
28-02-1984
[...] communicated the withdrawal of its reservation made in respect of the application
of Article 15 of the Convention in conformity with Article 25.
The reservation will pursuant to Article 23, paragraph 4, of the Convention cease
to have effect on 28 April 1984.
Lithuania
23-10-2001
[...] the Republic of Lithuania reserves the right for its authorities empowered to decide on a petition for annulment, dissolution or modification of the marital relationship of the parents of an infant, to take measures for the protection of his person or property.
Luxembourg
03-01-1963
1) In accordance with article 13, paragraph 3, the State of Luxembourg reserves the
right to limit the application of the present Convention to infants who are nationals
of one of the Contracting States.
2) In accordance with article 15, paragraph 1, the State of Luxembourg reserves the
jurisdiction of its authorities empowered to decide on a petition for annulment, dissolution
or modification of the marital relationship of the parents of an infant, to take measures
for the protection of his person or property.
Netherlands, the Kingdom of the
20-07-1971
- that the application of the Convention be limited to infants who are nationals of
a Contracting State;
- that the authorities of the Kingdom of the Netherlands remain competent to take
measures for the protection of the person or property of an infant, in the event that
these authorities are empowered to decide on a petition for annulment, dissolution
or modification of the marital relationship of the parents of the infant in question.
29-01-1982
[...] notified [...] of the withdrawal for the Kingdom in Europe and for the Netherlands
Antilles of the reservations made at the time of ratification.
The withdrawal will take effect on 30 March 1982.
18-10-2010
The Kingdom of the Netherlands consisted of three parts: the Netherlands, the Netherlands
Antilles and Aruba. The Netherlands Antilles consisted of the islands of Curaçao,
Sint Maarten, Bonaire, Sint Eustatius and Saba.
With effect from 10 October 2010, the Netherlands Antilles ceased to exist as a part
of the Kingdom of the Netherlands. Since that date, the Kingdom consists of four parts:
the Netherlands, Aruba, Curaçao and Sint Maarten. Curaçao and Sint Maarten enjoy internal
self-government within the Kingdom, as Aruba and, up to 10 October 2010, the Netherlands
Antilles do.
These changes constitute a modification of the internal constitutional relations within
the Kingdom of the Netherlands. The Kingdom of the Netherlands will accordingly remain
the subject of international law with which agreements are concluded. The modification
of the structure of the Kingdom will therefore not affect the validity of the international
agreements ratified by the Kingdom for the Netherlands Antilles. These agreements,
including any reservations made, will continue to apply to Curaçao and Sint Maarten.
The other islands that have formed part of the Netherlands Antilles - Bonaire, Sint
Eustatius and Saba - became part of the Netherlands, thus constituting 'the Caribbean
part of the Netherlands'. The agreements that applied to the Netherlands Antilles
will also continue to apply to these islands; however, the Government of the Netherlands
will now be responsible for implementing these agreements.
Poland
26-05-1993
Pursuant to Article 15 of the Convention concerning the powers of authorities and the law applicable in respect of the protection of minors, the Republic of Poland reserves the jurisdiction of its authorities empowered to decide on a petition for annulment, dissolution or modification of the marital relationship of the parents of a minor, to take measures for the protection of his person or property.
Portugal
31-01-1969
Portugal declared to extend the application of the Convention to the whole of the territories of the Portuguese Republic.
29-09-1999
In accordance with the Joint Declaration of the Government of the Portuguese Republic
and of the Government of the People's Republic of China on the question of Macau,
signed in Beijing on 13 April 1987, the Government of the Portuguese Republic will
remain internationally responsible for Macau until 19 December 1999, the People's
Republic of China resuming from that date the exercise of sovereignty over Macau,
with effect from 20 December 1999.
From 20 December 1999 the Portuguese Republic will cease to be responsible for the
international rights and obligations arising from the application of the Convention
in Macau.
Spain
22-05-1987
The Spanish State limits the application of the Convention to minors having the nationality
of a Contracting State.
The Spanish State reserves the jurisdiction of its authorities empowered to decide
on a petition for annulment, dissolution or modification of the marital relationship
of the father and the mother of a minor, to take measures for the protection of his
person or property.
20-06-1995
[...] informed [...] of the withdrawal by Spain of the reservations, made on the
occasion of its ratification on 22 May 1987 of the Convention.
In accordance with Article 23, fourth paragraph, these reservations will cease to
have effect on 19 August 1995.
Switzerland
09-12-1966
Switzerland makes use of the reservation provided for in article 15 of the Convention and will consider the court empowered to decide on the nullity of a marriage, or on divorce or legal separation as competent to take measures, within the scope of article 133, paragraph 2, and articles 156 and 157 of the Swiss Civil Code, for the protection of the person or property of an infant.
29-03-1993
[...] informed [...] of the withdrawal by Switzerland of the reservation with regard
to Article 15, first paragraph, of the Convention made on the occasion of its ratification
on 9 December 1966.
In accordance with Article 23, fourth paragraph, the reservation will cease to have
effect on 29 May 1993.
Türkiye
25-08-1983
In accordance with article 15 of the Convention, the Republic of Turkey reserves the jurisdiction of its courts empowered to decide on a petition for annulment, dissolution or modification of the marital relationship of the parents of an infant, to take measures for the protection of his person or property.