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

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997003/geltungsbereich-des-bereinkommens-ber-die-rechte-von-menschen-mit-behinderungen-sowie-des-fakultativprotokolls-zum-bereinkommen-ber-die-rechte-von-men.html

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171. by-laws of the Federal Chancellor concerning the 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

After release of the Secretary-General of the United Nations, following further States have their instruments of ratification or accession to the Convention on the rights of persons with disabilities, as well as to the Optional Protocol to the Convention on the rights of persons with disabilities (BGBl. III No. 155/2008, last proclamation of the scope BGBl. III No. 83/2012) deposited:

 







States:









Date of deposit of the instrument of ratification or accession to the Convention:









Date of deposit of the instrument of ratification or accession to the Optional Protocol:









Afghanistan





September 18, 2012





September 18, 2012







Benin





July 5, 2012





July 5, 2012







Dominica





October 1, 2012





October 1, 2012







Djibouti





June 18, 2012





June 18, 2012







Estonia





May 30, 2012





May 30, 2012







Ghana





July 31, 2012





July 31, 2012







Greece





31 May 2012





31 May 2012







Israel





September 28, 2012





 







Liberia





July 26, 2012





 







Malta





October 10, 2012





October 10, 2012







Nauru





27 June 2012





 







Poland





September 25, 2012





 







Russian Federation





September 25, 2012





 







Swaziland





September 24, 2012





September 24, 2012





 

On the occasion of the deposit of its instrument of ratification, following States have declared following reservations or made declarations:

Estonia:

The Republic of Estonia interpreted article 12 of the Convention so that it does not prohibit the constraint of law and capacity to act a person if there is this necessity in consequence of the person's ability to understand their actions and to control. With the restriction of the rights of persons with restricted legal and ability to act, the Republic of Estonia is in accordance with its domestic law.

Greece:

The provisions of article 27 § 1 of the Convention on the rights of persons with disabilities are in employment and occupation for the armed and security forces not to apply, as it on unequal treatment on the basis of disability and the relevant performance relates, as in article 8 paragraph 4 of the Act of 3304/2005 for the implementation of the principle of equal treatment , adopted pursuant to article 3, paragraph 4 and article 4 of Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation.

Israel:

The State of Israel explains that a reservation concerning the provisions of marriage in art. 23 par. 1 lit. (a) of the Convention to the extent in which the State laws binding on the various religious communities in Israel comply with not these terms and conditions.

Malta:

Emits the following interpretive statement pursuant to article 25 of the Convention Malta - Malta is of the opinion that the term "sexual - and reproductive medical health services" in article 25 lit. (a) of the Convention means no recognition of any new international law obligation, creates no abortion rights and may not be interpreted to constitute support, endorsement or promotion of abortion. Malta continues to be of the opinion that the use of this expression is used to highlight the point that where health services are provided, they are provided without discrimination on the basis of disability.

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

 

While the Government of Malta fully committed, to ensure the effective and full participation of persons with disabilities in the political and public life, including the exercise of their right to vote in a secret ballot in elections and referendums and the right in elections to run, Malta attaches in accordance with article 29 lit. Paragraph a i and iii of the Convention following reservations:



About lit. Paragraph i:





Malta reserves the right, as far as the voting procedures, facilities and materials affected, continues to apply its current electoral legislation.



About lit. Paragraph (iii):





Malta reserves the right, as far as their support in the vote, continues to apply its current electoral legislation.

Poland:

The Republic of Poland is of the opinion that article 23 par. 1 lit. (b) and article 25 lit. a not so are that an individual right to abortion is conceded or a Contracting State was empowered to do so to provide access, except for the case that this right is guaranteed under national law.

Article 23 par. 1 lit. a of the Convention relates to the recognition of the right of all persons with disabilities of marriageable age to marry and to found a family on the basis of free and full consent of the intending spouses. According to article 46 of the Convention, the Republic of Poland reserves the right, art. 23 par. 1 lit. (a) of the Convention to apply until amended the relevant legislation.

Until the withdrawal of the reservation of a disabled person, whose disabled resulting from a mental illness or mental disability and of marriageable age is not, without the consent of the Court, can on this basis that the health or mental condition of a person endangers neither the marriage nor the future children's health and on the condition that such a person is not completely incapacitated. These conditions arise from article 12 § 1 of the Polish law relating to family and guardianship (Official Journal of the Republic of Poland in 1964, no. 9, art. 59, including subsequent amendments).

The Republic of Poland declares that she interpreted article 12 of the Convention in a manner which paragraph 4 allows the muzzling in the circumstances and in the manner laid down in national law, as a measure under article 12, if a person suffers from a mental disability or at another mental disorder a mental illness and is not able , to control his or her behavior.

Faymann