Articles 46–54: Accession, amendments, reservations and withdrawal

Articles 46 to 54 of the Convention deal with the Convention itself. They do not set out rights for children. These Articles explain, for example, which countries can join the Convention (accession) and how they can withdraw from it. They also explain how countries can amend the Convention and make reservations.

Article 46

All countries may sign the Convention.

Article 47

The Convention must be ratified. The instruments of ratification are sent to the Secretary-General of the United Nations.

Explanation

Countries that sign the Convention must formally confirm (ratify) it. In the Netherlands, this is done by the House of Representatives, the Senate and the King.

Article 48

The Convention remains open for accession by all countries. The instruments of accession are sent to the Secretary-General of the United Nations.

Explanation

Countries that have not yet signed the Convention may also join it.

Article 49

  1. The Convention enters into force on the 30th day after the Secretary-General of the United Nations has received 20 instruments of ratification or accession.
  2. For each country that ratifies or accedes to the Convention after it has entered into force under paragraph 1, the Convention enters into force on the 30th day after that country has submitted its instrument of ratification or accession to the Secretary-General of the United Nations.

Explanation

This Article sets out when the Convention enters into force. This happened in 1989. In the Netherlands, the Convention entered into force in 1995.

Article 50

  1. The countries that have signed the Convention may propose amendments to the Secretary-General of the United Nations. The Secretary-General then communicates the proposal to all participating countries and asks whether they wish to meet to vote on it. If at least one third of the countries indicate within four months that they do, the Secretary-General convenes a meeting. If a majority of the countries present support the amendment, it is adopted and submitted to the General Assembly of the United Nations.
  2. An amendment adopted in accordance with paragraph 1 enters into force after it has been approved by the General Assembly and accepted by a two-thirds majority of the countries that have signed the Convention.
  3. When an amendment enters into force in accordance with paragraph 2, it is binding on those countries that have accepted it. Other countries remain bound by the provisions of the Convention and any earlier amendments they have accepted.

Explanation

If countries want to change the Convention, there is a procedure for doing so. This procedure is set out in this Article. If a change is made, the countries that are parties to the Convention must follow not only the Convention itself, but also the amendments they have accepted.

Article 51

  1. The Secretary-General of the United Nations receives any reservations made by countries when they ratify or accede to the Convention. The Secretary-General communicates these reservations to all participating countries.
  2.  A reservation that is incompatible with the object and purpose of the Convention is not permitted.
  3. A reservation may be withdrawn at any time by notifying the Secretary-General, who then informs all participating countries. The withdrawal takes effect on the date it is received by the Secretary-General.

Explanation

Countries may make reservations. This means they state that they will not follow certain parts of the Convention. The Netherlands has made three reservations.

Article 52

Countries that have signed the Convention may withdraw from it. They must notify the Secretary-General of the United Nations in writing. The withdrawal takes effect one year after the Secretary-General has received the notification.

Explanation

A country that withdraws from the Convention no longer wishes to take part. One year after it has given written notice, it no longer has to follow the rules of the Convention.

Article 53

The Secretary-General of the United Nations is the depositary of the Convention.

Explanation

A depositary is the person responsible for administering an international treaty, for example handling documentation, accessions and amendments. For the Convention, this role is carried out by the Secretary-General of the United Nations.

Article 54

The original text of the Convention is kept by the Secretary-General of the United Nations. There are versions in Arabic, Chinese, English, French, Russian and Spanish, all of which have the same content.

Explanation

The Secretary-General of the United Nations holds the original text of the Convention. There are six equally valid versions in six different languages.