New Zealands Reservations to the Rights of the Child

Reservations to human rights treaties create technical difficulties that do not arise for treaties on other topics because the intended beneficiaries of obligations in human rights treaties are the people in each state, rather than the other state parties to a treaty. It is therefore more problematic to allow states to enter reservations to a human rights treaty, which allows states to modify the extent of their obligations then it would be for an ordinary treaty that has been entered into between states on a reciprocal basis. In short, when a state enters a reservation to a human rights treaty the reservation acts to diminish the rights of the people/citizens of that state.

Of particular concern are widely formulated reservations, such as that which NZ has entered to the Rights of the Child, which essentially render ineffective all Covenant rights which would require any change in national law to ensure compliance with Covenant obligations. No real international rights or obligations have thus been accepted. And when there is an absence of provisions to ensure the Covenant rights may be sued on in domestic courts, and, further, a failure to allow individual complaints to be brought to the Committee under the first Optional Protocol all the essential elements of the Covenant guarantees have been removed.

One comment on “New Zealands Reservations to the Rights of the Child

  1. Jasson Bennett on said:

    All in all its because we had no rights reserved in the past and no real acc claims are a runaround nothing gets done. As there is no copassion. The first question I asked the psychologist was do you believe in God. He said no my thoughts were then how can you help. No God no understanding but it comes down to miss understand on paper no on what’s ginger on in the head and body. My GP before going said that John Collier was a no Dr for Acc so what dose that mean he knows how he works for acc to say no I don’t think this a acc matter. From paper work only, as it was by law a two hour interview. But it was over in 30 minutes 5 fear go. Child will alw as be abuse as long as you don’t let those that not what it is to be abused on the team

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