État de la Cité du Vatican

Declaration:

“In ratifying the Kigali Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer, the Holy See desires to encourage the entire international community to be resolute in promoting authentic cooperation between politics, science, economics, and civil society. Such cooperation, as has been shown in the case of the international ozone regime, «can achieve important outcomes, which make it simultaneously possible to safeguard creation, to promote integral human development and to care for the common good, in a spirit of responsible solidarity and with profound positive repercussions for present and future generations» (Holy See's Declaration Attached to the Instrument of Accession to the Vienna Convention, the Montreal Protocol and its four Amendments, 9 April 2008). The international ozone regime has demonstrated that «we have the freedom needed to limit and direct technology; we can put it at the service of another type of progress, one which is healthier, more human, more social, more integral» (Pope Francis, Encyclical Letter Laudato Si’, 18 May 2015, n. 112).
In conformity with its own nature and with the particular character of Vatican City State, the Holy See, by means of the solemn act of ratification, intends to give its own support to the commitment of States to the correct and effective implementation of the ozone regime and to care for our common home. To this end, it wishes to acknowledge the fact that «the continued acceleration of changes affecting humanity and our planet, coupled today with a more intense pace of life and work, should constantly urge us to ask whether the goals of this progress are truly directed to the common good and to a sustainable and integral human development, or whether they causeharm to our world and to the quality of life of much of humanity, now and in the future» (Message of His Holiness Pope Francis to the XXXI Meeting of the Parties to the Montreal Protocol, 7 November 2019).”

“By acceding to the Paris Agreement under the United Nations Framework Convention on Climate Change in the name and on behalf of Vatican City State, the Holy See intends to contribute to the efforts of all States to work together in solidarity, in accordance with their common but differentiated responsibilities and respective capabilities, in an effective response to the challenges posed by climate change to humankind and to our common home.
In light of the territorial nature of the obligations set forth in the Paris Agreement, the Holy See declares, for the avoidance of doubt, that in acceding to the Agreement only in the name and on behalf of Vatican City State it commits itself to apply its provisions exclusively within the Territory of the Vatican City State, as circumscribed by the Leonine Walls.
The Holy See, in conformity with its particular mission, reiterates, on behalf of Vatican City State, its position regarding the term ‘gender’ used in the Preamble (PP11) and articles 7.5 and 11.2 of the Paris Agreement. The Holy See underlines that any reference to ‘gender’ and related terms in any document that has been or that will be adopted by the Conference of State Parties or by its subsidiary bodies is to be understood as grounded on the biological sexual identity that is male and female.
The Holy See upholds and promotes a holistic and integrated approach that is firmly centered on the human dignity and integral development of every person.”

Reservations and declarations:

"By acceding to the United Nations Convention against Corruption, the Holy See, acting also in the name and on behalf of Vatican City State, intends to contribute and to give its moral support to the global prevention, repression and prosecution of such crime.
In conformity with its own nature, its Universal Mission, and the particular character of Vatican City State, the Holy See upholds the values of brotherhood, justice and peace between persons and peoples, whose protection and strengthening require the primacy of the rule of law and respect for human rights, and it reaffirms that instruments of criminal and judicial cooperation constitute effective safeguards in the face of criminal activities that jeopardize human dignity and peace.
Reservations:

With regard to article 63.7, the Holy See, acting also in the name and on behalf of Vatican City State, specifically reserves the right to consent in each particular case, and on an ad hoc basis, to be subject to any mechanism or body to review the implementation of the Convention which has been established, or which may be established in the future, by the Conference of State Parties.
Pursuant to article 66.3 of the Convention, the Holy See, acting also in the name and on behalf of Vatican City State, declares that it does not consider itself bound by article 66.2 of the Convention. The Holy See, acting also in the name and on behalf of Vatican City State, specifically reserves the right to agree in a particular case, on an ad hoc basis, to any convenient means to settle any dispute arising out of this Convention.
Declarations:

[…]
With regard to articles 43 to 48 of the Convention, the Holy See, acting also in the nameand on behalf of Vatican City State, declares that, in light of its legal doctrine and the sources of its law (Vatican City State Law LXXI, 1 October 2008), nothing in the Convention shall be interpreted as imposing an obligation to extradite or to provide mutual legal assistance if there are substantial grounds for believing that the request is made for the purpose of prosecuting or punishing a person on account of that person’s race, religion, nationality, ethnic origin or political opinion; that compliance with the request would cause prejudice to that person’s position for any of these reasons; or that the person would be subject to the death penalty or to torture.
In light of its own nature and its legal order (article 207 of the Vatican Criminal Code, amended by article 21 of Law N. IX on Amendments to the Criminal Code and the Code of Criminal Procedure, of 11 July 2013, and Motu Proprio on the Jurisdiction of Judicial Authorities of Vatican City State in Criminal Matters, of 11 July 2013), the Holy See declares that the following persons are deemed “public officials” for the purposes of Vatican criminal law:
a) any person holding a legislative, administrative or judicial office in the Vatican City State, whether appointed or elected, permanent or temporary, paid or unpaid, irrespective of that person’s seniority;
b) any person who performs a public function in the Vatican City State, even for a public agency or public enterprise, or who provides a public service;
c) members, officials and personnel of the various organs of the Roman Curia and of the Institutions connected to it;
d) papal legates and diplomatic personnel of the Holy See;
e) those persons who serve as representatives, managers or directors, as well as persons who even de factomanage or exercise control overthe entities directly dependent on the Holy See and listed in the registry of canonical juridical persons kept by the Governorate of Vatican City State;
f) any other person holding an administrative or judicial mandate in the Holy See, permanent or temporary, paid or unpaid, irrespective of that person’s seniority."

Reservation

“Pursuant to article 35.3 of the Convention, the Holy See, acting also in the name and on behalf of Vatican City State, declares that it does not consider itself bound by article 35.2 of the Convention. The Holy See, acting also in the name and on behalf of Vatican City State, specifically reserves the right to agree in a particular case, on an ad hoc basis, to any convenient means to settle any dispute arising out of this Convention.”
Declarations

“By acceding to the United Nations Convention against Transnational Organized Crime, the Holy See, acting also in the name and on behalf of Vatican City State, intends to contribute and to give its moral support to the global prevention, repression and prosecution of transnational organized crime and to the protection of victims of such crimes.
In conformity with its own nature, its mission, and the particular character of Vatican City State, the Holy See upholds the values of brotherhood, justice and peace between persons and peoples, whose protection and strengthening require the primacy of the rule of law and respect for human rights, and it reaffirms that instruments of criminal and judicial cooperation constitute effective safeguards in the face of criminal activities that jeopardize human dignity and peace.
In respect to article 10 of the Convention, the Holy See notes that, due to the particular nature of the Holy See and of Vatican City State, the concept of criminal liability of legal persons is not embodied in their domestic legal principles.
The Holy See declares that articles 16.14 and 18.21 of the Convention shall be interpreted in light of its legal doctrine and the sources of its law (Vatican City State Law LXXI, of 1 October 2008).”

Declaration:

"The Holy See, with regard to article 3, paragraph 2, of the Protocol, declares that, for what concerns the Vatican City State, the Regulations of the Pontifical Swiss Guard, approved in 1976, establish that the recruitment of its members is only voluntary and that the minimum age is set forth at 19 years."

Reservation

“Pursuant to article 24.2 of the Convention, the Holy See, acting also in the name and on behalf of Vatican City State, declares that it does not consider itself bound by article 24.1 of the Convention. The Holy See, acting also in the name and on behalf of Vatican City State, specifically reserves the right to agree in a particular case, on an ad hoc basis, to any convenient means to settle any dispute arising out of this Convention.”
Declarations

“By acceding to the International Convention for the Suppression of the Financing of Terrorism, the Holy See, acting also in the name and on behalf of Vatican City State, intends to contribute and to give its moral support to the global prevention, repression and prosecution of terrorism and to the protection of victims of such crimes.
In conformity with its own nature, its mission, and the particular character of Vatican City State, the Holy See upholds the values of brotherhood, justice and peace between persons and peoples, whose protection and strengthening require the primacy of the rule of law and respect for human rights, and it reaffirms that instruments of criminal and judicial cooperation constitute effective safeguards in the face of criminal activities that jeopardize human dignity and peace.
The Holy See, acting also in the name and on behalf of the Vatican City State, declares that its accession to the Convention does not constitute consent to be bound by or to become a party to any of the treaties listed in the Annex to the Convention. Considering that, at the date of its accession to the Convention, the Holy See is not a party to any of the treaties listed in the Annex, for the purposes of article 2.2(a) of the Convention, none of them should be deemed to beincluded within the scope of the Convention pursuant to its article 2.1(a). In the future, should the Holy See ratify or acceded to any of those treaties, once it has come into force for the Holy See, the treaty in question shall be deemed to be included within the scope of the Convention pursuant to its article 2.1(a).
In respect to article 5 of the Convention, the Holy See notes that, due to the particular nature of the Holy See and of Vatican City State, the concept of criminal liability of legal persons is not embodied in their domestic legal principles.
Pursuant to article 11.2 of the Convention, the Holy See declares that it takes the Convention as the legal basis for cooperation on extradition with other Parties to the Convention, subject to the limitations to the extradition of persons provided for by its domestic law.
With regard to article 15 of the Convention, the Holy See declares that the terms ‘prosecuting or punishing a person on account of that person’s race, religion, nationality, ethnic origin or political opinion’ and ‘prejudice to that person’s position’ shall be interpreted in light of its legal doctrine and the sources of its law (Vatican City State Law LXXI, 1 October 2008).”
26 September 2012

Declaration:

“Pursuant to the last sentence of article 2.2(a) of the International Convention for the Suppression of the Financing of Terrorism, of 9 December 1999, the Holy See, acting also in the name and on behalf of Vatican City State, declares that, from the moment the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, enters into force for the Holy See, it shall be deemed to be included within the scope of the Convention for the Suppression of the Financing of Terrorism pursuant to its article 2.1(a).”

Declaration upon signature:

"The Holy See is convinced that in the sphere of nuclear weapons, the banning of tests and of the further development of these weapons, disarmament and non-proliferation are closely linked and must be achieved as quickly as possible under effective international controls.
Furthermore, the Holy See understands that these are steps towards a general and total disarmament which the international community as a whole should accomplish without delay."
Declaration upon ratification:

"The Holy See, in ratifying the Comprehensive Nuclear Test Ban Treaty (CTBT), adopted by the United Nations General Assembly on 10 September 1996 and signed by the Holy See on 24 September of the same year, wishes to repeat what was said when it added its signature: "The Holy See is convinced that in the sphere of nuclear weapons, the banning of tests and of the further development of these weapons, disarmament and non-proliferation are closely linked and must be achieved as quickly as possible under effective international controls".
In conformity with the nature and particular condition of Vatican City State, the Holy See, by this ratification, seeks to advance the genuine promotion of a culture of peace based upon the primacy of law and of respect for human life. At the beginning of the third millennium, the implementation of a system of comprehensive and complete disarmament, capable of fostering a climate of trust, cooperation and respect between all States, represents an indispensable aspect of the concrete realization of a culture of life and peace.
In lending moral support to the CTBT through this solemn act of ratification, the Holy See encourages the whole International Community, which is aware of the various challenges standing in the way of nuclear disarmament, to intensify its efforts to ensure the implementation of the said Treaty."

Declaration:

[...] the Holy See, in conformity with the nature and particular condition of Vatican City State, intends to renew its encouragement to the International Community to continue on the path towards a situation of general and complete disarmament, capable of promoting peace and cooperation at world level.
Dialogue and multilateral negotiation are essential values in this process. Through the instruments of international law, they facilitate the peaceful resolution of controversies and help better mutual understanding. In this way they promote the effective affirmation of the culture of life and peace.
While not possessing chemical weapons of any kind, the Holy See accedes to the solemn act of ratification of the Convention in order to lend its moral support to this important area of international relations which seeks to ban weapons which are particularly cruel and inhuman and aimed at producing long-term traumatic effects among the defenceless civilian population."

Declaration:

“By acceding to the United Nations Framework Convention on Climate Change in the name and on behalf of Vatican City State, the Holy See intends to contribute to the efforts of all States to work together in solidarity, in accordance with their common but differentiated responsibilities and respective capabilities, in an effective response to the challenges posed by climate change to humankind and to our common home.
In light of the territorial nature of the obligations set forth in the United Nations Framework Convention on Climate Change, the Holy See declares, for the avoidance of doubt, that in acceding to the Convention only in the name and on behalf of Vatican City State it commits itself to apply its provisions exclusively within the Territory of the Vatican City State, as circumscribed by the Leonine Walls.
The Holy See, in conformity with its particular mission, reiterates, on behalf of Vatican City State, its position regarding the term ‘gender’. The Holy See underlines that any reference to ‘gender’ and related terms in any document that has been or that will be adopted by the Conference of State Parties or by its subsidiary bodies is to be understood as grounded on the biological sexual identity that is male and female.
The Holy See upholds and promotes a holistic and integrated approach that is firmly centered on the human dignity and integral development of every person.”

Reservations:

"a) [The Holy See] interprets the phrase `Family planning education and services' in article 24.2, to mean only those methods of family planning which it considers morally acceptable, that is, the natural methods of family planning.
"b) [The Holy See] interprets the articles of the Convention in a way which safeguards the primary and inalienable rights of parents, in particular insofar as these rights concern education (articles 13 and 28), religion (article 14), association with others (article 15) and privacy (article 16).
"c) [The Holy See declares] that the application of the Convention be compatible in practice with the particular nature of the Vatican City State and of the sources of its objective law (art. 1, Law of 7 June 1929, n. 11) and, in consideration of its limited extent, with its legislation in the matters of citizenship, access and residence."
Declaration:

"The Holy See regards the present Convention as a proper and laudable instrument aimed at protecting the rights and interests of children, who are 'that precious treasure given to each generation as a challenge to its wisdom and humanity' (Pope John Paul II, 26 April 1984).
"The Holy See recognizes that the Convention represents an enactment of principles previously adopted by the United Nations, and once effective as a ratified instrument, will safeguard the rights of the child before as well as after birth, as expressly affirmed in the `Declaration of the Rights of the Child' [Res. 136 (XIV)] and restated in the ninth preambular paragraph of the Convention. The Holy See remains confident that the ninth preambular paragraph will serve as the perspective through which the rest of the Convention will be interpreted, in conformity with article 31 of the Vienna Convention on the Law of Treaties of 23 May 1969.
"By acceding to the Convention on the Rights of the Child, the Holy See intends to give renewed expression to its constant concern for the well-being of children and families. In consideration of its singular nature and position, the Holy See, in acceding to this Convention, does not intend to prescind in any way from its specific mission which is of a religious and moral character."

Reservation

“Pursuant to article 32.4 of this Convention, the Holy See, acting also in the name and on behalf of Vatican City State, declares that it does not consider itself bound by either article 32.1 or article 32.2 of the Convention. The Holy See, acting also in the name and on behalf of Vatican City State, specifically reserves the right to agree in a particular case, on an ad hoc basis, to any convenient means to settle any dispute arising out of this Convention.”
Declaration

“The Holy See declares that articles 6.6 and 7.15 of the Convention shall be interpreted in light of its legal doctrine and the sources of its law (Vatican City State Law LXXI, of 1 October 2008).”
Declaration made upon signature and confirmed upon ratification

“The Holy See is well aware that one of the problems of contemporary society is the phenomenon of drug abuse and the related problem of illicit trafficking in narcotics and psychotropic substances. This trafficking has already become so widespread and so highly organized as to involve both the developed countries and those on the road to development.
Through its Representatives, the Holy See has followed the various phases of the drawing-up of the Convention text, a process that has been long and laborious.
Pope John Paul II, on the occasion of last year’s Conference in Vienna on the abuse of and illicit trafficking in drugs, pointed out that the criminal activity of production and illicit trafficking must be opposed by cooperation between States. He stated that ‘the common struggle against the plague of drug abuse and illicit trafficking is motivated by a serious spirit of mission, on behalf of humanity and for the very future of society, a mission whose success demands a mutual commitment and a generous response on the part of all’ (17th June 1987).
In consideration of this position, the Holy See has decided to sign the Convention against illicit trafficking in narcotics as a gesture of encouragement vis-à-vis the commitment of the countries that intend to fight against such criminal activity. In adhering to this Convention, the Holy See does not intend to prescind in any way from its specific mission which is of a religious and moral character.”

Declaration:

“In acceding to the Vienna Convention on the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer, as well as its four Amendments: London (1990), Copenhagen (1992), Montreal (1997) and Beijing (1999), the Holy See desires to encourage the entire International Community to be resolute in promoting authentic cooperation between politics, science and economics. Such cooperation, as has been shown in the case of the ozone regime, can achieve important outcomes, which make it simultaneously possible to safeguard creation, to promote integral human development and to care for the common good, in a spirit of responsible solidarity and with profound positive repercussions for present and future generations.
In conformity with its own nature and with the particular character of Vatican City State, the Holy See, by means of the solemn act of accession, intends to give its own moral support to the commitment of States to the correct and effective implementation of the Treaties in question and to the attaining of the mentioned objectives. To this end, it expresses the wish that by recognizing ‘the signs of [an economic growth] that has not always been able to protect the delicate balances of nature’ (Homily of Pope Benedict XVI at Loreto, 2 September 2007), all actors will intensify the aforesaid cooperation and strengthen ‘the alliance between man and the environment, which must mirror the creative love of God, from whom we come and to whom we are bound’(Benedict XVI, After the Angelus, 16 September 2007).”

Declaration:

“In acceding to the Vienna Convention on the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer, as well as its four Amendments: London (1990), Copenhagen (1992), Montreal (1997) and Beijing (1999), the Holy See desires to encourage the entire International Community to be resolute in promoting authentic cooperation between politics, science and economics. Such cooperation, as has been shown in the case of the ozone regime, can achieve important outcomes, which make it simultaneously possible to safeguard creation, to promote integral human development and to care for the common good, in a spirit of responsible solidarity and with profound positive repercussions for present and future generations.
In conformity with its own nature and with the particular character of Vatican City State, the Holy See, by means of the solemn act of accession, intends to give its own moral support to the commitment of States to the correct and effective implementation of the Treaties in question and to the attaining of the mentioned objectives. To this end, it expresses the wish that by recognizing ‘the signs of [an economic growth] that has not always been able to protect the delicate balances of nature’ (Homily of Pope Benedict XVI at Loreto, 2 September 2007), all actors will intensify the aforesaid cooperation and strengthen ‘the alliance between man and the environment, which must mirror the creative love of God, from whom we come and to whom we are bound’(Benedict XVI, After the Angelus, 16 September 2007).”

Declaration:

The Holy See considers the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment a valid and suitable instrument for fighting against acts that constitute a serious offence against the dignity of the human person. In recent times the Catholic Church has consistently pronounced itself in favour of unconditional respect for life itself and unequivocally condemned "whatever violates the integrity of the human person, such as mutilation, torments inflicted on body or mind, attempts to coerce the will itself" (Second Vatican Council, Pastoral Constitution Gaudium et spes, 7 December 1965).
The law of the Church (Code of Canon Law, 1981) and its catechism (Catechism of the Catholic Church, 1987) enumerate and clearly identify forms of behaviour that can harm the bodily or mental integrity of the individual, condemn their perpetrators and call for the abolition of such acts. On 14 January 1978, Pope Paul VI, in his last address to the diplomatic corps, after referring to the torture and mistreatment practised in various countries against individuals, concluded as follows: "How could the Church fail to take up a stern stand ... with regard to torture and to similar acts of violence inflicted on the human person?" Pope John Paul II, for his part, has not failed to affirm that "torture must be called by its proper name" (message for the celebration of the World Day of Peace, 1 January 1980). He has expressed his deep compassion for the victims of torture (World Congress on Pastoral Ministry for Human Rights, Rome, 4 July 1998), and in particular for tortured women (message to the Secretary-General of the United Nations, 1 March 1993). In this spirit the Holy See wishes to lend its moral support and collaboration tothe international community, so as to contribute to the elimination of recourse to torture, which is inadmissible and inhuman.
The Holy See, in becoming a party to the Convention on behalf of the Vatican City State, undertakes to apply it insofar as it is compatible, in practice, with the peculiar nature of that State.

Declaration:

"The Holy See, as a signatory of the [said Convention and annexed Protocols], in keeping with its proper nature and with the particular condition of Vatican City State, intends to renew its encouragement to the International Community to continue on the path it has taken for the reduction of human suffering caused by armed conflict.
Every step in this direction contributes to increasing awareness that war and the cruelty of war must be done away with in order to resolve tensions by dialogue and negotiation, and also by ensuring that international law is respected.
The Holy See, while maintaining that the above-mentioned Convention and Protocols constitute an important instrument for humanitarian international law, reiterates the objective hoped for by many parties: an agreement that would totally ban anti-personnel mines, the effects of which are tragically well-known.
In this regard, the Holy See considers that the modifications made so far in the second Protocol are insufficient and inadequate. It wishes, by means of its own accession to the Convention, to offer support to every effort aimed at effectively banning anti-personnel mines, in the conviction that all possible means must be used in order to build a safer and more fraternal world."

Declarations:

“By acceding to the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, the Holy See intends to contribute and to give its moral support to the global prevention, repression and prosecution of such crimes and to the protection of their victims.
In conformity with its own nature, its Mission, and the particular character of Vatican City State, the Holy See upholds the values of brotherhood, justice and peace between persons and peoples, whose protection and strengthening require the primacy of the rule of law and respect for human rights, and it reaffirms that instruments of criminal and judicial cooperation constitute effective safeguards in the face of criminal activities that jeopardize human dignity and peace. […]
Pursuant to articles 8.2 and 8.3 of the Convention, the Holy See declares that it takes the Convention as the legal basis for cooperation on extradition with other Parties to the Convention, subject to the limitations to the extradition of persons provided for by its domestic law.
With regard to articles 8 and 10 of the Convention, the Holy See declares that, in light of its legal doctrine and the sources of its law (Vatican City State Law LXXI, 1 October 2008), nothing in the Convention shall be interpreted as imposing an obligation to extradite or provide mutual legal assistance if there are substantial grounds for believing that the request is made for the purpose of prosecuting or punishing a person on account of that person’s race, religion, nationality, ethnic origin or political opinion; that compliance with the request would cause prejudice to that person’s position for any of these reasons; or that the person would be subject to the death penalty or to torture.
Pursuant to the last sentence of article 2.2(a) of the International Convention for the Suppression of the financing of Terrorism, of 9 December 1999, the Holy See, acting also in the name and on behalf of Vatican City State, declares that, from the moment the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, enters into force for the Holy See, it shall be deemed to be included within the scope of the Convention for the Suppression of the Financing of Terrorism pursuant to its article 2.1(a). ”
Reservation:

“Pursuant to article 13.2 of the Convention, the Holy See, acting also in the name and on behalf of Vatican City State, declares that it does not consider itself bound by article 13.1 of the Convention. The Holy See, acting also in the name and on behalf of Vatican City State, specifically reserves the right to agree in a particular case, on an ad hoc basis, to any convenient means to settle any dispute arising out of this Convention.”

The State of Vatican City will apply the said Convention on the basis of reciprocity, on the one hand, to the recognition and enforcement of awards made only in the territory of another Contracting State, and on the other hand, only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under Vatican law.

The Holy See, in conformity with the terms of article 42, paragraph 1, of the Convention, makes the reservation that the application of the Convention must be compatible in practice with the special nature of the Vatican City State and without prejudice to the norms governing access to and sojourn therein.

"The Convention will be applied in the form compatible with the special nature of the State of the Vatican City and without prejudice to the norms that grant access thereunto and sojourn therein."