Treaties, States Parties and Commentaries
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Declaration made upon signature on 06.09.2000:

"Concerning article 2 of the Protocol, the Portuguese Republic considering that it would have preferred the Protocol to exclude all types or recruitment of persons under the age of 18 years - whether this recruitment is voluntary or not, declares that it will apply its domestic legislation which prohibits the voluntary recruitment of persons under the age of 18 years and will deposit a binding declaration, in conformity with paragraph 2 of article 3 of the Protocol, setting forth 18 years as the minimum age for voluntary recruitment in Portugal."

Declaration made upon ratification on 19.08.2003:

"The Government of Portugal declares, in accordance with article 3, paragraph 2, of the Optional Protocol to the Convention on the Rights of the Child on the Involvment of Children in Armed Conflict that the minimum age for any recruitment - including voluntary - of persons into its national armed forces is 18 years. This age limit is already contained in the Portuguese domestic legisation."

Objection made on 25.09.2020 to the interpretative declaration made by Myanmar upon ratification (Original: English):

“The Government of the Portuguese Republic has examined the interpretative declaration made by the Republic of the Union of Myanmar to Article 4 of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict and considers that it amounts to a reservation that seeks to limit the scope of the [Optional Protocol] on a unilateral basis

The Government of the Portuguese Republic considers this reservation to be contrary to the terms of Article 4, paragraph 2, of the Optional Protocol, according to which State Parties are obligated to take all feasible measures (including the adoption of legal measures necessary to prohibit and criminalize such practices) to prevent the recruitment and use in hostilities, by armed groups that are distinct from the armed forces of a State, of persons under the age of 18 years.

Furthermore, the Government of the Portuguese Republic considers the reservation to be contrary to Article 6, paragraphs 1 and first part of paragraph 3, of the Optional Protocol, under which State Parties are obligated to “(...) take all necessary legal, administrative and other measures to ensure the effective implementation and enforcement of the provisions of the present Protocol within its jurisdiction” and to “(...) take all feasible measures to ensure that persons within their jurisdiction recruited or used in hostilities contrary to the present Protocol are demobilized or otherwise released from service (...)”.

Moreover, the Government of the Portuguese Republic considers that reservations allowing a State to limit its responsibilities under the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict by waiving its responsibility over the recruitment of minors by non-State armed groups raises doubts as to the commitment of the reserving State to the object and purpose of the [Optional Protocol], as the reservation is likely to deprive the provisions of the [Optional Protocol] of their effect and is contrary to the object and purpose thereof.

The Government of the Portuguese Republic recalls that according to customary international law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible with the object and purpose of the [treaty] shall not be permitted.

Thus, the Government of the Portuguese Republic objects to this reservation.

This objection shall not preclude the entry into force of the Optional Protocol between the Portuguese Republic and the Republic of the Union of Myanmar.”

06.09.2000

19.08.2003

06.09.2000
19.08.2003
25.09.2020