Reservas
Depositary communications
Artigos: Arts 2-4
Reservations:
13-05-2021
Article 2
Nicaragua expresses a reservation with regard to Article 54 (2). For the purposes of this Convention, Nicaragua will accept communications, requests and documentation which are accompanied by translations into the Spanish language, or, when this is difficult to achieve, accompanied by translations into English.
Article 3
Nicaragua expresses a reservation with regard to Article 55 (1)(a). Nicaragua will recognise the jurisdiction of its national authorities to take measures directed to the protection of property of a child only when the property in question is situated on its territory.
Notice from the Depositary:
23-11-2021
With reference to depositary notification Protection of Children No. 01/2020 of 13 May 2020, regarding late reservations made by Nicaragua, depositary notification Protection of Children No. 04/2020 CORR of 19 November 2020, regarding the amendment of one of the late reservations by Nicaragua, and depositary notification Protection of Children No. 05/2021 of 17 May 2021, regarding the acceptance of two of the late reservations made by Nicaragua, the depositary communicates the following.
By 19 November 2021, that is on the expiry of the period of one year following the date of the abovementioned depositary notification Protection of Children No. 04/2020 CORR, no objection from the Contracting States to the Convention had been received.
Consequently, the amended late reservation in respect of Article 55, Section 1, Subparagraph (b) was accepted for deposit upon the above-stipulated one-year period, that is on 19 November 2021.
17-05-2021
With reference to depositary notification Protection of Children No. 01/2020 of 13 May 2020, regarding late reservations made by Nicaragua, and depositary notification Protection of Children No. 04/2020 CORR of 20 November 2020, regarding the amendment of one of the late reservations by Nicaragua, the depositary communicates the following.
By 13 May 2021, that is on the expiry of the period of one year following the date of the abovementioned depositary notification Protection of Children No. 01/2020, no objection from the Contracting States to the Convention had been received.
Consequently, the reservations in question in respect of Article 54, Section 2, and Article 55, Section 1, Subparagraph (a) were accepted for deposit upon the above-stipulated one-year period, that is on 13 May 2021.
19-11-2020
With reference to depositary notification Protection of Children No. 02/2019, dated 28 February 2019, regarding the accession to the Convention by Nicaragua, and with reference to depositary notification Protection of Children No. 01/2020, dated 13 May 2020, regarding late reservations made by Nicaragua, the depositary communicates that one of the late reservations was partially amended by Nicaragua on 12 November 2020.
The depositary proposes to receive the amended reservation in question for deposit in the absence of any objection on the part of one of the Contracting States, either to the deposit itself or to the procedure envisaged, within a period of one year from the date of the present notification. In the absence of any such objection, the said amended reservation will be received for deposit upon the expiration of the above stipulated one year period, that is on 19 November 2021.
13-05-2020
Nicaragua deposited its instrument of accession to the above-mentioned Convention on 27 February 2019, as notified in Depositary Notification Protection of Children No. 02/2019.
On 20 April 2020 the Depositary received reservations from Nicaragua in respect of Article 54 (2), Article 55 (1)(a) and Article 55 (1)(b) of the Convention.
Article 60 of the Convention stipulates, however, that a State may make reservations provided for in Articles 54 (2) and 55, not later than the time of ratification, acceptance, approval or accession.
The Depositary proposes to receive the reservations in question for deposit in the absence of any objection on the part of one of the Contracting States, either to the deposit itself or to the procedure envisaged, within a period of one year from the date of the present notification. In the absence of any such objection, the said reservations will be received for deposit upon the expiration of the above stipulated one year period, that is on 13 May 2021.
Late Reservations:
Amendment of late Reservation
12-11-2020
(Translation)(Original: Spanish)
“[…], by means of Note […], the Republic of Nicaragua formulated express Reservations to Article 54, Section 2 and to Article 55, Section 1, Subparagraphs (a) and (b).
This Ministry informs the Ministry of Foreign Affairs of the Kingdom of the Netherlands its wishes to submit a partial amendment to the reservation to Article 55, Section 1, Subparagraph (b), which should read as follows: "Nicaragua reserves the right not to recognize any parental responsibility or measure in so far as it is incompatible with any measure taken by its authorities in relation to that property".
Likewise, it informs that the reservations to Article 54, Section 2 and Article 55, Section 1, Subparagraph (a) remain in the manner in which they were presented in Note […].”
20-04-2020
(Translation)
Article 2
Nicaragua expresses a reservation with regard to Article 54 (2). For the purposes of this Convention, Nicaragua will accept communications, requests and documentation which are accompanied by translations into the Spanish language, or, when this is difficult to achieve, accompanied by translations into English.
Article 3
Nicaragua expresses a reservation with regard to Article 55 (1)(a). Nicaragua will recognise the jurisdiction of its national authorities to take measures directed to the protection of property of a child only when the property in question is situated on its territory.
Article 4
Nicaragua expresses a reservation with regard to Article 55 (1)(b). Nicaragua reserves the right not to recognise any parental responsibility or measure in relation to property in so far as it is incompatible with any measure taken by its authorities in relation to that property, or when such a measure is incompatible with its national legislation.