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    Reservations and declarations made upon ratification :

    Declarations :

    The Government of the Federal Republic of Germany declares that it welcomes the Convention on the Rights of the Child as a milestone in the development of international law and that it will take the opportunity afforded by the ratification of the Convention to initiate reforms in its domestic legislation that are in keeping with the spirit of the Convention and that it considers appropriate, in line with article 3 (2) of the Convention, to ensure the well-being of the child. The planned measures include, in particular, a revision of the law on parental custody in respect of children whose parents have not married, are permanently living apart while still married, or are divorced. The principal aim will be to improve the conditions for the exercise of parental custody by both parents in such cases as well. The federal Republic of Germany also declares that domestically the Convention does not apply directly. It establishes state obligations under international law that the Federal Republic of Germany fulfils in accordance with its national law, which conforms with the Convention.

    The Government of the Federal Republic of Germany is of the opinion that article 18 (1) of the Convention does not imply that by virtue of the entry into force of this provision parental custody, automatically and without taking into account the best interests of the respective child, applies to both parents even in the case of children whose parents have not married, are permanently living apart while still married, or are divorced. Such an interpretation would be incompatible with article 3 (1) of the Convention. The situation must be examined on a case- by-cases basis, particularly where the parents cannot agree on the joint exercise of custody.

    The Federal Republic of Germany therefore declares that the provisions of the Convention are also without prejudice to the provisions of national law concerning

    a) legal representation of minors in the exercise of their rights;

    b) rights of custody and access in respect of children born in wedlock;

    c) circumstances under family and inheritance law of children born out of wedlock;

    This applies irrespective of the planned revision of the law on parental custody, the details of which
    remain within the discretion of the national legislator.

    In addition, the Federal Republic of Germany confirms the declaration it made in Geneva on 23 February 1989 :

    Nothing in the Convention may be interpreted as implying that unlawful entry by an alien into the territory of
    the Federal Republic of Germany or his unlawful stay there is permitted; nor may any provision be interpreted
    to mean that it restricts the right of the Federal Republic of Germany to pass laws and regulations
    concerning the entry of aliens and the conditions of their stay or to make a distinction between nationals
    and aliens.

    The Government of the Federal Republic of Germany regrets the fact that under article 38 (2) of the Convention even fifteen-year-old may take a part in hostilities as soldiers, because this age limit is incompatible with the consideration of a child's best interest (art. 3 (1) of the Convention). It declares that it will not make any use of the possibility afforded by the Convention of fixing this age limit at fifteen years.

    Reservation :

    In accordance with the reservations made by it with respect to the parallel guarantees of the International Covenant on Civil and Political Rights, the Federal Republic of Germany declares in respect of article 40 (2) (b) (ii) and (v) of the Convention that these provision shall be applied in such a way that, in the case of minor infringement of the penal law, there shall not in each and every case exist :

    a) a right to have "legal or other appropriate assistance" in the preparation and presentation of
    the defence, and/or

    b) an obligation to have a sentence not calling for imprisonment reviewed by a higher competent
    authority or judicial body.

    SOURCE : Committee on the Rights of the child, Reservations, Declarations and objections relating to the Convention on the Rights of the Child, CRC/C/2/Rev. 1, 24 July 1992, pp.12-13.

    *****

    On 17 March 1993, the Secretary-General received from the Government of Germany the following objection to a declaration and a reservation made by Tunisia upon ratification (In this connexion, reference is made to depositary notification C.N.32.1992. TREATIES-2 of 27 March 1992.), as follows:

    The Federal Republic of Germany considers the first of the declarations deposited by the Republic of Tunisia to be a reservation. It restricts the application of the first sentence of article 4 to the effect that any national legislative or statutory decisions adopted to implement the Convention may not conflict with the Tunisian Constitution. Owing to the very general wording of this passage the Government of the Federal Republic of Germany is unable to perceive which provisions of the Convention are covered, or may be covered at some time in the future, by the reservation and in what manner. There is a similar lack of clarity with regard to the reservation relating to article 2.

    The Government of the Federal Republic of Germany therefore objects to both these reservations. This objection does not prevent the Convention from entering into force as between the Federal Republic of Germany and the Republic of Tunisia.

    *****

    21 September 1994 - With regard to the reservation made by the Syrian Arab Republic upon ratification

    This reservation, owing to its indefinite nature, does not meet the requirements of international law. The Government of the Federal Republic of Germany therefore objects to the reservation made by the Syrian Arab Republic. This objection shall not preclude the entry into force of the Convention as between the Syrian Arab Republic and the Federal Republic of Germany.

    SOURCE: Multilateral Treaties deposited with the Secretary-General, Status as at 31 December 1994, United Nations, New York, p. 200.

    *****

    11 August 1995 - With regard to the reservation made by Iran (Islamic Republic) upon ratification:

    This reservation, owing to its unlimited scope and undifined character, is inadmissible under international law. The Government of the Federal Republic of Germany, therefore objects to the reservation made by the Islamic Republic of Iran.

    This objection shall not preclude the entry into force of the Convention as between the Islamic Republic Iran and the Federal Republic of Germany.

    C.N.346.1994.TREATIES-7 (Depositary Notification)

    *****

    20 March 1996

    With regard to the reservations made by Malaysia upon accession and Qatar upon ratification:

    The Government of the Federal Republic of Germany considers that such a reservation, which seeks to limit the responsibilities of [Malaysia and Qatar, respectively] under the Convention by invoking general principles of national law, may raise doubts as to the commitment of [Malaysia and Qatar, respectively] to the object and purpose of the Convention and, moreover, contributes to undermining the basis of international treaty law. It is the common interest of states that treaties to which they have chosen to become parties should be respected, as to object and purpose, by all parties. The Government of the Federal Republic of Germany therefore objects to the said reservation.


    This objection does not constitute an obstacle to the entry into force of the Convention between the Federal Republic of Germany and [Malaysia and Qatar, respectively].


    13 June 1996

    With regard to the reservation made by Botswana upon ratification:

    [Same objection, mutatis mutandis, as the one made with regard to Malaysia and Qatar).]

    4 September 1996

    With regard to the reservations made by Singapore upon accession:

    [Same objection, mutatis mutandis, as the one made with regard to Malaysia and Qatar).]

    12 February 1997

    With regard to the reservations made by Brunéi Darussalam and Saudi Arabia upon accession:

    [Same objection, mutatis mutandis, as the one made with regard to Malaysia and Qatar).]

    *****

    PARTIAL WITHDRAWAL OF DECLARATIONS CONCERNING ARTICLES 9, 10, 18, 22 AND 38 (2)

    The above action was effected on 15 July 2010. The Government of the Federal Republic of Germany notified its withdrawal of the following declarations concerning articles 9, 10, 18, 22 and 38 (2):

    "The Government of the Federal Republic of Germany reserves the right to make, upon ratification, such declarations as it considers necessary, especially with regard to the interpretation of articles 9, 10, 18 and 22.

    The Government of the Federal Republic of Germany is of the opinion that article 18 (1) of the Convention does not imply that by virtue of the entry into force of this provision parental custody, automatically and without taking into account the best interests of the respective child, applies to both parents even in the case of children whose parents have not married, are permanently living apart while still married, or are divorced. Such an interpretation would be incompatible with article 3 (1) of the Convention. The situation must be examined in a case-by-case basis, particularly where the parents cannot agree on the joint exercise of custody.

    The Federal Republic of Germany therefore declares that the provisions of the Convention are also without prejudice to the provisions of national law concerning
    a) legal representation of minors in the exercise of their rights;
    b) rights of custody and access in respect of children born in wedlock;
    c) circumstances under family and inheritance law of children born out of wedlock;

    This applies irrespective of the planned revision of the law on parental custody, the details of which remain within the discretion of the national legislator.

    Nothing in the Convention may be interpreted as implying that unlawful entry by an alien into the territory of the Federal Republic of Germany or his unlawful stay there is permitted; nor may any provision be interpreted to mean that it restricts the right of the Federal Republic of Germany to pass laws and regulations concerning the entry of aliens and the conditions of their stay or to make a distinction between nationals and aliens.

    The Government of the Federal Republic of Germany regrets the fact that under article 38 (2) of the Convention even fifteen-year-olds may take a part in hostilities as soldiers, because this age limit is incompatible with the consideration of a child's best interest (article 3 (1) of the Convention). It declares that it will not make any use of the possibility afforded by the Convention of fixing this age limit at fifteen years.”

    C.N.467.2010.TREATIES-2 (Depositary Notification)

    WITHDRAWAL OF RESERVATIONS IN RESPECT OF ARTICLES 40 (2) (B) (II) AND (V) OF THE CONVENTION

    The above action was effected on 15 July 2010. The Government of the Federal Republic of Germany notified its withdrawal of the following reservations:

    "In accordance with the reservations made by it with respect to the parallel guarantees of the International Covenant on Civil and Political Rights, the Federal Republic of Germany declares in respect of article 40 (2) (b) (ii) and (v) of the Convention that these provisions shall be applied in such a way that, in the case of minor infringement of the penal law, there shall not in each and every case exist:
    a) a right to have ‘legal or other appropriate assistance’ in the preparation and presentation of the defence, and/or
    b) an obligation to have a sentence not calling for imprisonment reviewed by a ‘higher competent authority or judicial body’.”

    The notification of withdrawal took effect for Germany on 15 July 2010 in accordance with article 51 (3) of the Convention which reads as follows:
    "Reservations may be withdrawn at any time by notification to that effect addressed to the Secretary-General of the United Nations, who shall then inform all States. Such notification shall take effect on the date on which it is received by the Secretary-General."

    C.N.464.2010.TREATIES-1 (Depositary Notification)
26.01.1990

06.03.1992

06.03.1992, 17.03.1993, 11.08.1995, 20.03.1996, 13.06.1996, 04.09.1996, 12.02.1997, 15.07.2010, 15.07.2010