Article 19
49. Several delegations were of the view that this provision was a restatement
of article 29 of the Vienna Convention on the Law of Treaties and suggested its
retention. A number of delegations noted that an equivalent provision was not
to be found in the Convention on the Elimination of All Forms of Discrimination
against Women. Delegations agreed to delete this article from the protocol.
Article 20
50. Many delegations recalled that reservations to human rights treaties,
consistent with the Vienna Convention on the Law of Treaties, and not
incompatible with the object and purpose of the treaty, were permissible under
international law and might be appropriate in certain circumstances.
51. Recognizing that the purpose of the protocol would be to assist women in
realizing their rights under the Convention, but that there were, however, a
large number of reservations to the Convention itself, many delegations
supported the inclusion of an explicit provision prohibiting reservations, which
they noted was also compatible with international law. The optional and
procedural nature of the protocol was stressed, as well as the interrelationship
among the provisions of the protocol, the effective functioning of which would
be undermined if reservations to any of its provisions were permitted.
52. A number of delegations noted that, while several provisions of the
protocol, such as article 11 bis, had been drafted to address the concerns of
some delegations that might otherwise have resulted in reservations, several
provisions of the protocol had been agreed to by a number of States on the
understanding that a provision prohibiting reservations would be included. Some
delegations expressed the view that if reservations were permitted, then
article 11 bis, about which there was no agreement, would not be necessary, and
more States might accept the competence of the Committee to conduct inquiries.
53. A number of delegations indicated that a prohibition of reservations could
only be accepted when the balance of the protocol had been agreed. Several
suggested that a provision prohibiting reservations might discourage States from
ratifying or acceding to the protocol. Some delegations argued that certain
States might be willing to accept all substantive obligations established by the
protocol, but unable to accept minor obligations. In such cases, a provision
precluding reservations would prevent such States from becoming party to the
protocol. These delegations suggested the inclusion of a provision allowing for
reservations permissible under the Vienna Convention on the Law of Treaties or
the setting out of no provision relating to the issue, which would subject the
protocol to the regime of that Convention and preclude reservations that were
inconsistent with the protocol’s object and purpose.
54. Several delegations acknowledged difficulties in respect of examining the
question of reservations at the present stage of consideration of the protocol,
but expressed the wish to address the issue once the draft protocol was
consolidated. Several took note of the strong sentiments expressed in the
Working Group with respect to the prohibition of reservations in light of the
subject matter of the Convention and agreed to take these sentiments into
account as the draft reached finalization.
55. A number of delegations noted that human rights treaties rarely contained
explicit prohibitions of reservations and that no instruments establishing
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