Brazil

In favour: A/HRC/RES/1/2, A/HRC/DEC/1/106, A/HRC/DEC/1/107, A/HRC/RES/S-1/1, A/HRC/RES/S-2/1, A/HRC/RES/S-3/1, A/HRC/RES/2/3, A/HRC/RES/2/4, A/HRC/DEC/2/109, A/HRC/DEC/2/115, A/HRC/RES/3/1, A/HRC/DEC/3/103, A/HRC/RES/4/5, A/HRC/DEC/4/103, A/HRC/RES/6/3, A/HRC/RES/6/7, A/HRC/RES/6/19, A/HRC/RES/6/37, A/HRC/RES/S-6/1, A/HRC/RES/7/1, A/HRC/RES/7/4, A/HRC/RES/7/5, A/HRC/RES/7/11, A/HRC/RES/7/15, A/HRC/RES/7/18, A/HRC/RES/7/30, A/HRC/RES/7/33, A/HRC/RES/7/36, A/HRC/RES/8/5, A/HRC/RES/8/9

Against:

Abstained: A/HRC/2/L.48 (rejected), A/HRC/RES/4/9, A/HRC/RES/6/22, A/HRC/RES/7/19

No vote:

Source: www.ilo.org

Reservations, Declarations and Objections

Declarations and Reservations

11.b. Declaration:
"With regard to article 3, paragraph 2, of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, the Brazilian Government declares that, according to article 143 of the Federal Constitution, military service is compulsory, as set forth by law. The Constitution also provides that it is within the competence of the Armed Forces, according to the law, to assign an alternative service to those who, in times of peace, after being enlisted, claim imperative of conscience. Women and clergymen are exempt from compulsory military service in times of peace, but are subject to other duties assigned by law. According to the Military Service Act (Law no 4.375, of 17 August 1964), the obligation to military service, in times of peace, begins the 1st January of the year the citizen becomes 18 years old (article 5). Pursuant to the Regulation of the Military Service (Decree no 57.654, of 20 January 1966), citizens may freely present themselves to voluntary military service provided they have the minimum age of 16 years (article 41, paragraph 1 and article 49, paragraph 4). However, their acceptance to voluntary military service is only possible from the 1st January of the year they become 17 years old (article 127). The acceptance of voluntaries to Military Service requires special authorization from the Armed Forces (Military Service Act, article 27). Pursuant to the Regulation of the Military Service, the civil incapacity to act, to the purposes of military service, ends on the date the citizen becomes 17 years old. Voluntaries who, upon the act of incorporation or enrollment to the military service, have not yet completed 17 years old, must present written consent from parents or guardians (article 239)."

Objections:

1. “The Government of Brazil objects to the reservations made to the Convention by Bulgaria, the Byelorussian Soviet Socialist Republic, Czechoslovakia, the Philippines, Poland, Romania, the Ukrainian Soviet Socialist Republic and the Union of Soviet Socialist Republics. The Brazilian Government considers the said reservations as incompatible with the object and purpose of the Convention. The position taken by the Government of Brazil is founded on the Advisory Opinion of the International Court of Justice of 28 May 1951 and on the resolution adopted by the sixth session of the General Assembly on 12 January 1952, on reservations to multilateral conventions.
The Brazilian Government reserves the right to draw any such legal consequences as it may deem fit from its formal objection to the above-mentioned reservations.”

Sources: www.ohchr.org