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    Reservations made upon ratification :

    Article 40, paragraph 2 (b) (v) shall not be binding on Denmark.

    It is a fundamental principle of the Danish Administration of Justice Act that everybody shall be entitled to have any penal measures imposed on him or her by a court of first instance reviewed by a higher court. There are, however, some provisions limiting this right in certain cases, for instance verdicts returned by a jury on the question of guilt, which have not been reversed by the legally trained judges of the court.


    In this regard, on 16 November 1995, the Secretary-General received from the Government of Denmark, the following communication:

    Because of their unlimited scope and undefined character these reservations are incompatible with the object and purpose of the Convention and accordingly inadmissible and without effect under international law. Therefore, the Government of Denmark objects to these reservations. The Convention remains in force in its entirety between Djibouti, the Islamic Republic of Iran, Pakistan, the Syrian Arab Republic respectively and Denmark.

    It is the opinion of the Government of Denmark that no time limit applies to objections against reservations, which are inadmissible under international law.

    The Government of Denmark recommends the Governments of Djibouti, the Islamic Republic of Iran, Pakistan and the Syrian Arab Republic to reconsider their reservations to the Convention on the Rights of the Child.

    SOURCE : Multilateral Treaties deposited with the Secretary-General, Status as at 31 December 1991, United Nations, New York, 1992, p.199. and C.N.370.1995.TREATIES-9 (Depositary Notification)

    (2 July 1996):


    "The reservation is covering multiple provisions, including central provisions of the Convention. Furthermore, it is a general principle of international law that internal law may not be invoked as justification for failure to perform treaty obligations. Consequently, the Government of Denmark considers the said reservation as being incompatible with the object and purpose of the Convention and accordingly inadmissible and without effect under international law. The Convention remains in force in its entirety between Malaysia and Denmark.


    It is the opinion of the Government of Denmark that no time limit applies to objections against reservations, which are inadmissible under international law.


    The Government of Denmark recommends the Government of Malaysia to reconsider its reservation to the said Convention."

    On 3 July 1996, the Secretary-General received from the Government of Denmark a communication regarding the reservations made by Botswana and Qatar, identical in essence, mutatis mutandis, as the one made on 16 November 1995.

    10 February 1997

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


    "The Government of Denmark finds that the general reservation with reference to the provisions of Islamic law is of unlimited scope and undefined character. Consequently, the Government of Denmark considers the said reservation as being incompatible with the object and purposes of the Convention and accordingly inadmissible and without effect under international law. Furthermore, it is a general principle of international law that national law may not be invoked as justification for failure to perform treaty obligations.


    The Convention remains in force in its entirety between Brunéi Darussalam and Denmark.

    It is the opinion of the Government of Denmark, that no time limit applies to objections against reservations, which are inadmissible under international law.

    The Government of Denmark recommends the Government of Brunéi Darussalam to reconsider its reservation to the Convention on the Rights of the Child."


    With regard to the reservation made by Saudi Arabia upon accession:


    [Same objection, mutatis mutandis, as the one made with regard to Brunei Darussalam.]
26.01.1990

19.07.1991

19.07.1991, 16.11.1995, 02.07.1996, 03.07.1996, 10.02.1997