Scope Of The Convention On The Rights Of Persons With Disabilities And The Optional Protocol To The Convention On The Rights Of Persons With Disabilities

Original Language Title: Geltungsbereich des Übereinkommens über die Rechte von Menschen mit Behinderungen sowie des Fakultativprotokolls zum Übereinkommen über die Rechte von Menschen mit Behinderungen

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171. Presentation of the Federal Chancellor on the scope of the Convention on the Rights of Persons with Disabilities and of the Optional Protocol to the Convention on the Rights of Persons with Disabilities

According to the Communications of the Secretary-General of the United Nations, the following States have ratified their instruments of ratification or ratification. Accession instruments to the Convention on the Rights of Persons with Disabilities and to the Optional Protocol to the Convention on the Rights of Persons with Disabilities (BGBl. III n ° 155/2008, last proclamation of the BGBl scope. III No 83/2012):

States:

Date of deposit of the instruments of ratification. Instrument of Accession to the Convention:

Date of deposit of the instruments of ratification. Instrument of Accession to the Optional Protocol:

Afghanistan

18. September 2012

18. September 2012

Benin

5 July 2012

5 July 2012

Dominica

1 October 2012

1 October 2012

Djibouti

18 June 2012

18 June 2012

Estonia

30 May 2012

30 May 2012

Ghana

31 July 2012

31 July 2012

Greece

31 May 2012

31 May 2012

Israel

28 September 2012

Liberia

26 July 2012

Malta

10 October 2012

10 October 2012

Nauru

27 June 2012

Poland

25 September 2012

Russian Federation

25 September 2012

Swaziland

24 September 2012

24 September 2012

On the occasion of the deposit of their instrument of ratification, the following states have declared the following reservations, or Statements made:

Estonia:

The Republic of Estonia submits Article 12 of the Convention to the effect that it does not forgo the restriction of a person's ability to act and act in the event of such a need as a consequence of the person's ability to understand their actions and to control it. The Republic of Estonia is acting in accordance with its national law with the restriction of the rights of persons with limited legal capacity.

Greece:

The provisions of Article 27 (1) of the Convention on the Rights of Persons with Disabilities shall not apply to the dispute and security forces in respect of employment and occupation, in so far as there is a difference in treatment on grounds of: of disability and performance, as in Article 8 (4) of Law 3304/2005 for the implementation of the principle of equal treatment, adopted in accordance with Article 3 (4) and Article 4 of Council Directive 2000 /78/EC of 27 November 2000 establishing a general framework for the implementation of equal treatment in Employment and occupation.

Israel:

The State of Israel declares a reservation concerning the provisions relating to marriage in Article 23 (1) (lit). a of the Convention, to the extent that the laws of law binding on the various religious communities in Israel do not comply with those provisions.

Malta:

Pursuant to Article 25 of the Convention, Malta makes the following interpretative statement-Malta takes the view that the term 'sexual and reproductive health services' in Article 25 (2) is a 'one'. (a) the Convention does not constitute a recognition of a new obligation of international law, does not create abortion rights and cannot be interpreted as justifying support, endorsement or promotion of abortion. Malta continues to take the view that the use of this expression is solely for the purpose of highlighting the point of view that where healthcare is provided, it is provided without discrimination on the basis of disability.

Malta's national legislation considers the termination of pregnancy by abortion as illegal.

Whereas the Government of Malta is fully committed to ensuring the effective and full participation of persons with disabilities in political and public life, including the exercise of their right to vote in secret Voting in elections and referendums and the right to vote in elections lays down Malta in accordance with Art. 29 lit. (i) and (iii) of the Convention, the following reservations:

With regard to lit. a paragraph i:

Malta reserves the right to continue to apply its current electoral legislation to the extent that the electoral procedures, facilities and materials are concerned.

With regard to lit. a point iii:

Malta reserves the right to continue to apply its current electoral legislation, in so far as it concerns support in the voting process.

Poland:

The Republic of Poland is of the opinion that Article 23 (1) (lit). b and Art. 25 lit. a not to be interpreted as granting an individual right to an abortion or empowering a State Party to provide access to it, except in the event that this right is guaranteed under national law.

Art. 23 (1) (lit). a of the Convention refers to the recognition of the right of all persons with disabilities to be married at the age of marriage and to establish a family on the basis of the free and full consent of the future spouses. According to Article 46 of the Convention, the Republic of Poland reserves the right, Art. 23 (1) (lit). (a) the application of the Convention until the relevant national legislation is amended.

Pending the withdrawal of the reservation, a disabled person whose disability results from a mental illness or mental disability and is of a marriageable age may not, without the consent of the court, be based on the fact that the person with whom he is responsible may not be subject to the the health or mental state of the person concerned does not endanger the marriage or the health of the future children, and on condition that such a person is not fully incapable of work. These conditions are the result of Article 12 (1) of the Polish Law on Family and Guardianship (Official Journal of the Republic of Poland, 1964, No 9, Art. 59, including subsequent amendments).

The Republic of Poland declares that it shall issue Article 12 of the Convention in such a way as to allow the dismissal under the circumstances and in the manner laid down in national law, as a measure under Article 12 (4), if a person is to be of a mental illness, of a mental disability, or of another mental disorder, and is not able to control his or her behavior.

Faymann