Rs 0.141.0 September 13, 1973 Convention Tending To Reduce The Number Of Cases Of Statelessness

Original Language Title: RS 0.141.0 Convention du 13 septembre 1973 tendant à réduire le nombre des cas d’apatridie

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0.141.0 original text Convention tending to reduce the number of cases of statelessness concluded at Berne on September 13, 1973 approved by the Federal Assembly on 26 September 1989 Instrument of ratification deposited by Switzerland on 19 May 1992 entry into force for the Switzerland 18 June 1992 (State on August 26, 2003) the signatory States of this Convention, members of the International Commission of Civil status eager to reduce the number of cases of statelessness, have agreed on the following provisions: art. 1. the child whose mother has the nationality of a Contracting State acquires at birth the nationality in case he was stateless.
However, when the maternal filiation takes effect citizenship on the day where it is established, the minor acquires so far the nationality of its mother.

Art. 2. for the purposes of the previous article, the child born of a father having refugee status is seen as lacking the latter's nationality.

Art. 3. the provisions of the preceding articles apply in each Contracting State to the children born after the entry into force of the Convention in this State or minor to this date.

Art. 4 at the signing of the notification provided for in art. 6 or membership, each Contracting State may declare that it reserves the right: a) to limit the application of previous articles to children born in the territory of a Contracting State; b) do not apply art. 2; c) not to implement art. 2 when the father is recognized as a refugee in its territory.

Reserves provided for in the previous paragraph may be withdrawn completely or partially at any time by simple notification to the Council Federal Switzerland.
The Switzerland Federal Council will notify the Contracting States and the Secretary General of the International Commission of Civil status of any reservation formulated or withdrawn pursuant to this section.

Art. 5. the Convention does not put obstacle to the application of international conventions or rules of law more favourable to the attribution to the child of his mother's nationality.

Art. 6. signatory States shall notify the Council Federal Switzerland the fulfillment of the procedures required to make it applicable in their territory this Convention.
The Switzerland Federal Council will notify the Contracting States and the Secretary General of the International Commission of Civil status of any notification within the meaning of the preceding paragraph.

Art. 7. the present Convention shall come into force as from the thirtieth day following the date of the filing of the second notification within the meaning of art. 6 and will, therefore, take effect between two States having completed this formality.
For each State, after completing the formalities provided for in the previous article, this agreement will take effect as from the thirtieth day following the date of the filing of its notification.

Art. 8. the present Convention applies full rights on the whole of the metropolitan territory of each Contracting State.
Any State may, when signing the notification, membership or at a later date, declare by notification addressed to the Switzerland Federal Council that the provisions of this agreement will apply to one or more of its extra-metropolitains territories, States or territories which it has international responsibility. Council Federal Switzerland will notify of this notification, each of the Contracting States and the Secretary General of the International Commission of Civil status. The provisions of this Convention will become applicable in the States or territories named in the notification the sixtieth day following the date on which the Council Federal Switzerland has received the notification.
Any State which has made a statement, in accordance with the provisions of para. later, 2 of the present article, may declare at any time by notification addressed to the Switzerland Federal Council, that this Convention will cease to be applicable to one or more of the States or territories named in the declaration.
The Switzerland Federal Council be informed of the new notification each of the Contracting States and the Secretary General of the International Commission of Civil status.
The Convention will cease to be applicable to the State, or the territory covered, the sixtieth day following the date on which the Council Federal Switzerland has received the notification.

Art. 9. any Member State of the Council of Europe or the International Commission of Civil status, as well as any State bound by the International Convention relating to the status of refugees signed at Geneva on 28 July 1951 or the Protocol relating to the status of refugees of 31 January 1967, may accede to the present Convention. The Act of accession will be deposited with the Board Federal Switzerland. It will notify each of the Contracting States and the Secretary General of the International Commission of the States civil of any deposit of Act of accession. The Convention will enter into force, for the acceding State, on the thirtieth day following the date of deposit of the Act of accession.
The filing of the Act of accession cannot take place only after the entry into force of this Convention.

RS 0.142.30 RS 0.142.301 art. 10 scope of the agreement on 26 August 2003 reserves and statements the present Convention will remain in force indefinitely. However, each of the Contracting States shall have the right to denounce at any time by notification in writing addressed to the Council Federal Switzerland, which will inform the other Contracting States and the Secretary General of the International Commission of the State civilian this Faculty of denunciation may be exercised before the expiry of a period of one year from the notification provided for in art. 6 or membership.
The denunciation will have effect from six months after the date on which the Council Federal Switzerland has received the notification provided for in paragraph one of this article.
In faith of what representatives undersigned, duly authorized to this effect, have signed this Convention.
Made in Bern, September thirteen thousand nine hundred and seventy-three, in a single copy which shall be deposited in the archives of the Council Federal Switzerland and of which a certified copy shall be given through the diplomatic channel to each of the Contracting States and the Secretary General of the International Commission of Civil status.
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Scope of the agreement on 26 August 2003 States parties Ratification entry into force Germany * August 25, 1977 September 24, 1977 Greece * 1 July 1977 31 July 1977 Luxembourg * July 11, 1978 10 August 1978 Switzerland may 19, 1992 18 June 1992 Turkey February 13, 1976 31 July 1977 * reservations and declarations, see below.

Reservations and declarations Germany the Federal Republic of Germany declares that it makes use of the scheduled reservation to art. 4, al. 1, let. b, and that it will not apply the art. 2 of this convention.
The Federal Republic of Germany will apply this convention to all children whose mother is German within the meaning of the basic law for the Federal Republic of Germany.
Greece Hellenic Republic declares that it made use of the reservation provided for in art. 4, al. 1, let. b, and that it will not apply the art. 2 this convention.
Luxembourg in accordance with art. 4 (b) of the convention, the Government of the Grand Duchy of Luxembourg declares that it reserves the right not to apply art. 2 RO 1992 1779; FF 1987 III 337 RO 1992 1778 State on August 26, 2003

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