A/HRC/10/48
page 7
to modify the legal effect of certain provisions of the treaty in their application to that State”.
Article 46 of the Convention on the Rights of Persons with Disabilities allows parties to lodge
reservations provided that such reservations are not “incompatible with the object and purpose of
the present Convention”.
19. So far, El Salvador, Malta, Mauritius and Poland have entered reservations to the
Convention and several States have lodged “declarations” to the Convention. It should be noted
that the taxonomy chosen by States as to the qualification of their statements as “reservations” or
“declarations” exerts no legal effect, and the nature of the exception is solely determined by its
content in accordance with article 2 of the Vienna Convention. At the time of writing, only the
reservation lodged by El Salvador had attracted a formal objection from the Government of
Austria for its “general and vague wording”.15
20. States considering lodging reservations or declarations to the Convention should consider
that the treaty-monitoring bodies have consistently expressed the view that reservations diminish
the scope of protection afforded by treaties.16 Accordingly, treaty bodies have consistently
sought, through their respective mechanisms, to restrict the scope of existing reservations and
encouraged their removal by States parties.17 It is expected that the Committee on the Rights of
Persons with Disabilities will also address reservations and declarations lodged by States parties
to the Convention during the periodic review of State party reports established by article 35 of
the Convention.
II. LEGAL MEASURES FOR IMPLEMENTATION
21. By ratifying the Convention on the Rights of Persons with Disabilities, States take an
obligation under international law to implement it. Implementation is the process whereby States
parties take action to ensure the realization of all rights contained in a given treaty within their
jurisdiction.
A. The incorporation of the Convention in the legal system of States parties
22. It should not be assumed that once the Convention has entered into force for a State, it has
automatically become part of its national law. There exist two main approaches to the status of
treaties within the domestic legal system, on the basis of which States are referred to as “monist”
and “dualist” countries. These two approaches are defined by the prevalence of respectively
monist or dualist theories on the relationship between international and national law.18
15
See footnote 2 above.
16
HRI/MC/2005/5, para. 7.
17
Ibid., para. 45.
18
See A. Aust, Modern Treaty Law and Practice (Cambridge University Press, 2006), pp. 146
and 150.
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