Schedule 1
Laws repealed or amended by section 257(1)
Column 1 | Column 2 | Column 3 |
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No. and year of Law | Title of law | Extent of amendmend or repeal |
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Proclamation 37 of 1943 | Consent to Operations on Native Minors, Proclamation, 1943 | The repeal of the whole |
Act No. 33 of 1960 | Children’s Act, 1960 | The repeal of the whole |
Act No. 69 of 1962 | Commonwealth Relations Act, 1962 | Sections 69 and 70 |
Act No. 93 of 1962 | General Law Further Amendment Act, 1962 | Section 1 |
Act No. 50 of 1965 | Children’s Amendment Act, 1965 | The repeal of the whole |
Act No. 62 of 1966 | General Law Amendment Act, 1966 | Sections 15 and 16 |
Act No. 102 of 1967 | General Law Amendment Act, 1967 | Section 16 |
Act No. 101 of 1969 | General Law Amendment Act, 1969 | Sections 18 and 19 |
Act No. 58 of 1970 | Births, Marriages and Deaths Registration Amendment Act, 1970 | Sections 50 and 51 |
Act No. 92 of 1970 | General Law Further Amendment Act, 1970 | Section 11 |
Act No. 57 of 1972 | Age of Majority Act, 1972 | The repeal of the whole |
Act No. 74 of 1973 | Children’s Amendment Act, 1973 | The repeal of the whole |
Act No. 43 of 1976 | Children’s Amendment Act, 1976 | The repeal of the whole |
Act No. 15 of 1977 | Children’s Amendment Act, 1977 | The repeal of the whole |
Act No. 7 of 1981 | Children’s Amendment Act (Rehoboth) 1981 | The repeal of the whole |
Act No. 6 of 2006 | Children’s Status Act, 2006 | The repeal of the whole |
Act. No. 51 of 1977 | Criminal Procedure Act, 1977 | Sections 292, 293 and 294 and consequential removal of words “or a whipping” in section 290(2) |
Schedule 2
TEXT OF THE AFRICAN CHARTER ON THE RIGHTS AND WELFARE OF THE CHILD
PREAMBLE
The African Member States of the Organization of African Unity, Parties to the present Charter entitled ‘African Charter on the Rights and Welfare of the Child’,CONSIDERING that the Charter of the Organization of African Unity recognizes the paramountcy of Human Rights and the African Charter on Human and People’s Rights proclaimed and agreed that everyone is entitled to all the rights and freedoms recognized and guaranteed therein, without distinction of any kind such as race, ethnic group, colour. sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status,RECALLING the Declaration on the Rights and Welfare of the African Child (AHG/ST.4 Rev.l) adopted by the Assembly of Heads of State and Government of the Organization of African Unity, at its Sixteenth Ordinary Session in Monrovia, Liberia. from 17 to 20 July 1979, recognized the need to take appropriate measures to promote and protect the rights and welfare of the African Child,NOTING WITH CONCERN that the situation of most African children, remains critical due to the unique factors of their socio-economic, cultural, traditional and developmental circumstances, natural disasters, armed conflicts, exploitation and hunger, and on account of the child’s physical and mental immaturity he/she needs special safeguards and care,RECOGNIZING that the child occupies a unique and privileged position in the African society and that for the full and harmonious development of his personality. the child should grow up in a family environment in an atmosphere of happiness, love and understanding,RECOGNIZING that the child, due to the needs of his physical and mental development requires particular care with regard to health, physical, mental, moral and social development, and requires legal protection in conditions of freedom, dignity and security,TAKING INTO CONSIDERATION the virtues of their cultural heritage, historical background and the values of the African civilization which should inspire and characterize their reflection on the concept of the rights and welfare of the child,CONSIDERING that the promotion and protection of the rights and welfare of the child also implies the performance of duties on the part of everyone,REAFFIRMING ADHERENCE to the principles of the rights and welfare of the child contained in the declaration, conventions and other instruments of the Organization of African Unity and in the United Nations and in particular the United Nations Convention on the Rights of the Child; and the OAU Heads of State and Government’s Declaration on the Rights and Welfare of the African Child.HAVE AGREED AS FOLLOWS:Part 1 – RIGHTS AND DUTIES
Chapter ONE
RIGHTS AND WELFARE OF THE CHILD
Article 1 – Obligation of States Parties
1.Member States of the Organization of African Unity Parties to the present Charter shall recognize the rights, freedoms and duties enshrined in this Charter and shall undertake to the necessary steps, in accordance with their Constitutional processes and with the provisions of the present Charter, to adopt such legislative or other measures as may be necessary to give effect to the provisions of this Charter.2.Nothing in this Charter shall affect any provisions that are more conductive to the realization of the rights and welfare of the child contained in the law of a State Party or in any other international Convention or agreement in force in that State.3.Any custom, tradition, cultural or religious practice that is inconsistent with the rights, duties and obligations contained in the present Charter shall to the extent of such inconsistency be discouraged.Article 2 – Definition of a Child
For the purposes of this Charter a child means every human being below the age of 18 years.Article 3 – Non-Discrimination
Every child shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in this Charter irrespective of the child’s or his/her parents’ or legal guardians’ race, ethnic group, colour, sex, language, religion, political or other opinion, national and social origin, fortune, birth or other status.Article 4 – Best Interests of the Child
1.In all actions concerning the child undertaken by any person or authority the best interests of the child shall be the primary consideration.2.In all judicial or administrative proceedings affecting a child who is capable of communicating his/her own views, and opportunity shall be provided for the views of the child to be heard either directly or through an impartial representative as a party to the proceedings, and those views shall be taken into consideration by the relevant authority in accordance with the provisions of appropriate law.Article 5 – Survival and Development
1.Every child has an inherent right to life. This right shall be protected by law.2.States Parties to the present Charter shall ensure, to the maximum extent possible, the survival, protection and development of the child.3.Death sentence shall not be pronounced for crimes committed by children.Article 6 – Name and Nationality
1.Every child shall have the right from his birth to a name.2.Every child shall be registered immediately after birth.3.Every child has the right to acquire a nationality.Para 4. States Parties to the present Charter shall undertake to ensure that their Constitutional legislation recognize the principles according to which a child shall acquire the nationality of the State in the territory of which he has been born if, at the time of the child’s birth, he is not granted nationality by any other State in accordance with its laws.Article 7 – Freedom of Expression
Every child who is capable of communicating his or her own views shall be assured the rights to express his opinions freely in all matters and to disseminate his opinions subject to such restrictions as are prescribed by laws.Article 8 – Freedom of Association
Every child shall have the right to free association and freedom of peaceful assembly in conformity with the law.Article 9 – Freedom of Thought, Conscience and Religion
1.Every child shall have the right to freedom of thought conscience and religion.2.Parents, and where applicable, legal guardians shall have a duty to provide guidance and direction in the exercise of these rights having regard to the evolving capacities, and best interests of the child.3.States Parties shall respect the duty of parents and where applicable, legal guardians to provide guidance and direction in the enjoyment of these rights subject to the national laws and policies.Article 10 – Protection of Privacy
No child shall be subject to arbitrary or unlawful interference with his privacy, family home or correspondence, or to the attacks upon his honour or reputation, provided that parents or legal guardians shall have the right to exercise reasonable supervision over the conduct of their children. The child has the right to the protection of the law against such interference or attacks.Article 11 – Education
1.Every child shall have the right to an education.2.The education of the child shall be directed to:(a)the promotion and development of the child’s personality, talents and mental and physical abilities to their fullest potential;(b)fostering respect for human rights and fundamental freedoms with particular reference to those set out in the provisions of various African instruments on human and peoples’ rights and international human rights declarations and conventions;(c)the preservation and strengthening of positive African morals, traditional values and cultures;(d)the preparation of the child for responsible life in a free society, in the spirit of understanding tolerance, dialogue, mutual respect and friendship among all peoples ethnic, tribal and religious groups;(e)the preservation of national independence and territorial integrity;(f)the promotion and achievements of African Unity and Solidarity;(g)the development of respect for the environment and natural resources;(h)the promotion of the child’s understanding of primary health care.3.States Parties to the present Charter shall take all appropriate measures with a view to achieving the full realization of this right and shall in particular:(a)provide free and compulsory basic education;(b)encourage the development of secondary education in its different forms and to progressively make it free and accessible to all;(c)make the higher education accessible to all on the basis of capacity and ability by every appropriate means;(d)take measures to encourage regular attendance at schools and the reduction of drop-out rates;(e)take special measures in respect of female, gifted and disadvantaged children, to ensure equal access to education for all sections of the community.4.States Parties to the present Charter shall respect the rights and duties of parents, and where applicable, of legal guardians to choose for their children’s schools, other than those established by public authorities, which conform to such minimum standards may be approved by the State, to ensure the religious and moral education of the child in a manner with the evolving capacities of the child.5.States Parties to the present Charter shall take all appropriate measures to ensure that a child who is subjected to schools or parental discipline shall be treated with humanity and with respect for the inherent dignity of the child and in conformity with the present Charter.6.States Parties to the present Charter shall have all appropriate measures to ensure that children who become pregnant before completing their education shall have an opportunity to continue with their education on the basis of their individual ability.7.No part of this Article shall be construed as to interfere with the liberty of individuals and bodies to establish and direct educational institutions subject to the observance of the principles set out in paragraph I of this Article and the requirement teal the education given in such institutions shall conform to such minimum standards as may be laid down by the States.Article 12 – Leisure, Recreation and Cultural Activities
1.States Parties recognize the right of the child to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and the arts.2.States Parties shall respect and promote the right of the child to fully participate in cultural and artistic life and shall encourage the provision of appropriate and equal opportunities for cultural, artistic, recreational and leisure activity.Article 13 – Handicapped Children
1.Every child who is mentally or physically disabled shall have the right to special measures of protection in keeping with his physical and moral needs and under conditions which ensure his dignity, promote his self-reliance and active participation in the community.2.States Parties to the present Charter shall ensure, subject to available resources, to a disabled child and to those responsible for his care, of assistance for which application is made and which is appropriate to the child’s condition and in particular shall ensure that the disabled child has effective access to training, preparation for employment and recreation opportunities in a manner conducive to the child achieving the fullest possible social integration, individual development and his cultural and moral development.3.The States Parties to the present Charter shall use their available resources with a view to achieving progressively the full convenience of the mentally and physically disabled person to movement and access to public highway buildings and other places to which the disabled may legitimately want to have access to.Article 14 – Health and Health Services
1.Every child shall have the right to enjoy the best attainable state of physical, mental and spiritual health.2.States Parties to the present Charter shall undertake to pursue the full implementation of this right and in particular shall take measures:(a)to reduce infant and child morality rate;(b)to ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care;(c)to ensure the provision of adequate nutrition and safe drinking water;(d)to combat disease and malnutrition within the framework of primary health care through the application of appropriate technology;(e)to ensure appropriate health care for expectant and nursing mothers;(f)to develop preventive health care and family life education and provision of service;(g)to integrate basic health service programmes in national development plans;(h)to ensure that all sectors of the society, in particular, parents, children, community leaders and community workers are informed and supported in the use of basic knowledge of child health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the prevention of domestic and other accidents;(i)to ensure the meaningful participation of non-governmental organizations, local communities and the beneficiary population in the planning and management of a basic service programme for children;(j)to support through technical and financial means, the mobilization of local community resources in the development of primary health care for children.Article 15 – Child Labour
1.Every child shall be protected from all forms of economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s physical, mental, spiritual, moral, or social development.2.States Parties to the present Charter take all appropriate legislative and administrative measures to ensure the full implementation of this Article which covers both the formal and informal sectors of employment and having regard to the relevant provisions of the International Labour Organization’s instruments relating to children, States Parties shall in particular:(a)provide through legislation, minimum wages for admission to every employment;(b)provide for appropriate regulation of hours and conditions of employment;(c)provide for appropriate penalties or other sanctions to ensure the effective enforcement of this Article;(d)promote the dissemination of information on the hazards of child labour to all sectors of the community.Article 16 – Protection Against Child Abuse and Torture
1.States Parties to the present Charter shall take specific legislative, administrative, social and educational measures to protect the child from all forms of torture, inhuman or degrading treatment and especially physical or mental injury or abuse, neglect or maltreatment including sexual abuse, while in the care of the child.2.Protective measures under this Article shall include effective procedures for the establishment of special monitoring units to provide necessary support for the child and for those who have the care of the child, as well as other forms of prevention and for identification, reporting referral investigation, treatment, and follow-up of instances of child abuse and neglect.Article 17 – Administration of Juvenile Justice
1.Every child accused or found guilty of having infringed penal law shall have the right to special treatment in a manner consistent with the child’s sense of dignity and worth and which reinforces the child’s respect for human rights and fundamental freedoms of others.2.States Parties to the present Charter shall in particular:(a)ensure that no child who is detained or imprisoned or otherwise deprived of his/her liberty is subjected to torture, inhuman or degrading treatment or punishment;(b)ensure that children are separated from adults in their place of detention or imprisonment;(c)ensure that every child accused in infringing the penal law:(i)shall be presumed innocent until duly recognized guilty;(ii)shall be informed promptly in a language that he understands and in detail of the charge against him, and shall be entitled to the assistance of an interpreter if he or she cannot understand the language used;(iii)shall be afforded legal and other appropriate assistance in the preparation and presentation of his defence;(iv)shall have the matter determined as speedily as possible by an impartial tribunal and if found guilty, be entitled to an appeal by a higher tribunal;(d)prohibit the press and the public from trial.3.The essential aim of treatment of every child during the trial and also if found guilty of infringing the penal law shall be his or her reformation, re-integration into his or her family and social rehabilitation.4.There shall be a minimum age below, which children shall be presumed not to have the capacity to infringe the penal law.Article 18 – Protection of the Family
1.The family shall be the natural unit and basis of society. it shall enjoy the protection and support of the State for its establishment and development.2.States Parties to the present Charter shall take appropriate steps to ensure equality of rights and responsibilities of spouses with regard to children during marriage and in the even of its dissolution. In case of the dissolution, provision shall be made for the necessary protection of the child.3.No child shall be deprived of maintenance by reference to the parents’ marital status.Article 19 – Parent Care and Protection
1.Every child shall be entitled to the enjoyment of parental care and protection and shall, whenever possible, have the right to reside with his or her parents. No child shall be separated from his parents against his will, except when a judicial authority determines in accordance with the appropriate law, that such separation is in the best interest of the child.2.Every child who is separated from one or both parents shall have the right to maintain personal relations and direct contact with both parents on a regular basis.3.Where separation results from the action of a State Party, the State Party shall provide the child, or if appropriate, another member of the family with essential information concerning the whereabouts of the absent member or members of the family. States Parties shall also ensure that the submission of such a request shall not entail any adverse consequences for the person or persons in whose respect it is made.4.Where a child is apprehended by a State Party, his parents or guardians shall, as soon as possible, be notified of such apprehension by that State Party.Article 20 – Parental Reponsibilities
1.Parents or other persons responsible for the child shall have the primary responsibility of the upbringing and development the child and shall have the duty:(a)to ensure that the best interests of the child are their basic concern at all times;(b)to secure, within their abilities and financial capacities, conditions of living necessary to the child’s development; and(c)to ensure that domestic discipline is administered with humanity and in a manner consistent with the inherent dignity of the child.2.States Parties to the present Charter shall in accordance with their means and national conditions the all appropriate measures:(a)to assist parents and other persons responsible for the child and in case of need provide material assistance and support programmes particularly with regard to nutrition, health, education, clothing and housing;(b)to assist parents and others responsible for the child in the performance of child-rearing and ensure the development of institutions responsible for providing care of children; and(c)to ensure that the children of working parents are provided with care services and facilities.Article 21 – Protection against Harmful Social and Cultural Practices
1.States Parties to the present Charter shall take all appropriate measures to eliminate harmful social and cultural practices affecting the welfare, dignity, normal growth and development of the child and in particular:(a)those customs and practices prejudicial to the health or life of the child; and(b)those customs and practices discriminatory to the child on the grounds of sex or other status.2.Child marriage and the betrothal of girls and boys shall be prohibited and effective action, including legislation, shall be taken to specify the minimum age of marriage to be 18 years and make registration of all marriages in an official registry compulsory.Article 22 – Armed Conflicts
1.States Parties to this Charter shall undertake to respect and ensure respect for rules of international humanitarian law applicable in armed conflicts which affect the child.2.States Parties to the present Charter shall take all necessary measures to ensure that no child shall take a direct part in hostilities and refrain in particular, from recruiting any child.3.States Parties to the present Charter shall, in accordance with their obligations under international humanitarian law, protect the civilian population in armed conflicts and shall take all feasible measures to ensure the protection and care of children who are affected by armed conflicts. Such rules shall also apply to children in situations of internal armed conflicts, tension and strife.Article 23 – Refugee Children
1.States Parties to the present Charter shall take all appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law shall, whether unaccompanied or accompanied by parents, legal guardians or close relatives, receive appropriate protection and humanitarian assistance in the enjoyment of the rights set out in this Charter and other international human rights and humanitarian instruments to which the States are Parties.2.States Parties shall undertake to cooperate with existing international organizations which protect and assist refugees in their efforts to protect and assist such a child and to trace the parents or other close relatives or an unaccompanied refugee child in order to obtain information necessary for reunification with the family.3.Where no parents, legal guardians or close relatives can be found, the child shall be accorded the same protection as any other child permanently or temporarily deprived of his family environment for any reason.4.The provisions of this Article apply mutatis mutandis to internally displaced children whether through natural disaster, internal armed conflicts, civil strife, breakdown of economic and social order or howsoever caused.Article 24 – Adoption
States Parties which recognize the system of adoption shall ensure that the best interest of the child shall be the paramount consideration and they shall:(a)establish competent authorities to determine matters of adoption and ensure that the adoption is carried out in conformity with applicable laws and procedures and on the basis of all relevant and reliable information, that the adoption is permissible in view of the child’s status concerning parents, relatives and guardians and that, if necessary, the appropriate persons concerned have given their informed consent to the adoption on the basis of appropriate counselling;(b)recognize that inter-country adoption in those States who have ratified or adhered to the International Convention on the Rights of the Child or this Charter, may, as the last resort, be considered as an alternative means of a child’s care, if the child cannot be placed in a foster or an adoptive family or cannot in any suitable manner be cared for in the child’s country of origin;(c)ensure that the child affected by inter-country adoption enjoys safeguards and standards equivalent to those existing in the case of national adoption;(d)take all appropriate measures to ensure that in inter-country adoption, the placement does not result in trafficking or improper financial gain for those who try to adopt a child;(e)promote, where appropriate, the objectives of this Article by concluding bilateral or multilateral arrangements or agreements, and endeavour, within this framework to ensure that the placement of the child in another country is carried out by competent authorities or organs;(f)establish a machinery to monitor the well-being of the adopted child.Article 25 – Separation from Parents
1.Any child who is permanently or temporarily deprived of his family environment for any reason shall be entitled to special protection and assistance;2.States Parties to the present Charter:(a)shall ensure that a child who is parentless, or who is temporarily or permanently deprived of his or her family environment, or who in his or her best interest cannot be brought up or allowed to remain in that environment shall be provided with alternative family care, which could include, among others, foster placement, or placement in suitable institutions for the care of children;(b)shall take all necessary measures to trace and re-unite children with parents or relatives where separation is caused by internal and external displacement arising from armed conflicts or natural disasters.3.When considering alternative family care of the child and the best interests of the child, due regard shall be paid to the desirability of continuity in a child’s upbringing and to the child’s ethnic, religious or linguistic background.Article 26 – Protection Against Apartheid and Discrimination
1.States Parties to the present Charter shall individually and collectively undertake to accord the highest priority to the special needs of children living under Apartheid and in States subject to military destabilization by the Apartheid regime.2.States Parties to the present Charter shall individually and collectively undertake to accord the highest priority to the special needs of children living under regimes practising racial, ethnic. religious or other forms of discrimination as well as in States subject to military destabilization.3.States Parties shall undertake to provide whenever possible, material assistance to such children and to direct their efforts towards the elimination of all forms of discrimination and Apartheid on the African Continent.Article 27 – Sexual Exploitation
1.States Parties to the present Charter shall undertake to protect the child from all forms of sexual exploitation and sexual abuse and shall in particular take measures to prevent:(a)the inducement, coercion or encouragement of a child to engage in any sexual activity;(b)the use of children in prostitution or other sexual practices;(c)the use of children in pornographic activities, performances and materials.Article 28 – Drug Abuse
States Parties to the present Charter shall take all appropriate measures to protect the child from the use of narcotics and illicit use of psychotropic substances as defined in the relevant international treaties, and to prevent the use of children in the production and trafficking of such substances.Article 29 – Sale, Trafficking and Abduction
States Parties to the present Charter shall take appropriate measures to prevent:(a)the abduction, the sale of, or traffick of children for any purpose or in any form, by any person including parents or legal guardians of the child;(b)the use of children in all forms of begging.Article 30 – Children of Imprisoned Mothers
1.States Parties to the present Charter shall undertake to provide special treatment to expectant mothers and to mothers of infants and young children who have been accused or found guilty of infringing the penal law and shall in particular:(a)ensure that a non-custodial sentence will always be first considered when sentencing such mothers;(b)establish and promote measures alternative to institutional confinement for the treatment of such mothers;(c)establish special alternative institutions for holding such mothers;(d)ensure that a mother shall not be imprisoned with her child;(e)ensure that a death sentence shall not be imposed on such mothers;(f)the essential aim of the penitentiary system will be the reformation, the integration of the mother to the family and social rehabilitation.Article 31 – Responsibility of the Child
Every child shall have responsibilities towards his family and society, the State and other legally recognized communities and the international community. The child, subject to his age and ability, and such limitations as may be contained in the present Charter, shall have the duty:(a)to work for the cohesion of the family, to respect his parents, superiors and elders at all times and to assist them in case of need;(b)to serve his national community by placing his physical and intellectual abilities at its service;(c)to preserve and strengthen social and national solidarity;(d)to preserve and strengthen African cultural values in his relations with other members of the society, in the spirit of tolerance, dialogue and consultation and to contribute to the moral well-being of society;(e)to preserve and strengthen the independence and the integrity of his country;(f)to contribute to the best of his abilities, at all times and at all levels, to the promotion and achievement of African Unity.Part 11
Chapter TWO
ESTABLISHMENT AND ORGANIZATION OF THE COMMITTEE ON THE RIGHTS AND WELFARE OF THE CHILD
Article 32 – The Committee
An African Committee of Experts on the Rights and Welfare of the Child hereinafter called `the Committee’ shall be established within the Organization of African Unity to promote and protect the rights and welfare of the child.Article 33 – Composition
1.The Committee shall consist of 11 members of high moral standing, integrity, impartiality and competence in matters of the rights and welfare of the child.2.The members of the Committee shall serve in their personal capacity.3.The Committee shall not include more than one national of the same State.Article 34 – Election
As soon as this Charter shall enter into force the members of the Committee shall be elected by secret ballot by the Assembly of Heads of State and Government from a list of persons nominated by the States Parties to the present Charter.Article 35 – Candidates
Each State Party to the present Charter may nominate not more than two candidates. The candidates must have one of the nationalities of the States Parties to the present Charter. When two candidates are nominated by a State, one of them shall not be a national of that State.Article 36
1.The Secretary-General of the Organization of African Unity shall invite States Parties to the present Charter to nominate candidates at least six months before the elections.2.The Secretary-General of the Organization of African Unity shall draw up in alphabetical order, a list of persons nominated and communicate it to the Heads of State and Government at least two months before the elections.Article 37 – Term of Office
1.The members of the Committee shall be elected for a term of five years and may not be re-elected, however. the term of four of the members elected at the first election shall expire after two years and the term of six others, after four years.2.Immediately after the first election, the Chairman of the Assembly of Heads of State and Government of the Organization of African Unity shall draw lots to determine the names of those members referred to in sub-paragraph 1 of this Article.3.The Secretary-General of the Organization of African Unity shall convene the first meeting of Committee at the Headquarters of the Organization within six months of the election of the members of the Committee, and thereafter the Committee shall be convened by its Chairman whenever necessary, at least once a year.Article 38 – Bureau
1.The Committee shall establish its own Rules of Procedure.2.The Committee shall elect its officers for a period of two years.3.Seven Committee members shall form the quorum.4.In case of an equality of votes, the Chairman shall have a casting vote.5.The working languages of the Committee shall be the official languages of the OAU.Article 39 – Vacancy
If a member of the Committee vacates his office for any reason other than the normal expiration of a term, the State which nominated that member shall appoint another member from among its nationals to serve for the remainder of the term - subject to the approval of the Assembly.Article 40 – Secretariat
The Secretary-General of the Organization of African Unity shall appoint a Secretary for the Committee.Article 41 – Privileges and Immunities
In discharging their duties, members of the Committee shall enjoy the privileges and immunities provided for in the General Convention on the Privileges and Immunities of the Organization of African Unity.Chapter THREE
MANDATE AND PROCEDURE OF THE COMMITTEE
Article 42 – Mandate
The functions of the Committee shall be:(a)To promote and protect the rights enshrined in this Charter and in particular to:(i)collect and document information, commission inter-disciplinary assessment of situations on African problems in the fields of the rights and welfare of the child, organize meetings, encourage national and local institutions concerned with the rights and welfare of the child, and where necessary give its views and make recommendations to Governments;(ii)formulate and lay down principles and rules aimed at protecting the rights and welfare of children in Africa;(iii)cooperate with other African, international and regional Institutions and organizations concerned with the promotion and protection of the rights and welfare of the child.(b)To monitor the implementation and ensure protection of the rights enshrined in this Charter.(c)To interpret the provisions of the present Charter at the request of a State Party, an Institution of the Organization of African Unity or any other person or Institution recognized by the Organization of African Unity, or any State Party.(d)Perform such other task as may be entrusted to it by the Assembly of Heads of State and Government, Secretary-General of the OAU and any other organs of the OAU or the United Nations.Article 43 – Reporting Procedure
1.Every State Party to the present Charter shall undertake to submit to the Committee through the Secretary-General of the Organization of African Unity, reports on the measures they have adopted which give effect to the provisions of this Charter and on the progress made in the enjoyment of these rights:(a)within two years of the entry into force of the Charter for the State Party concerned: and(b)and thereafter, every three years.2.Every report made under this Article shall:(a)contain sufficient information on the implementation of the present Charter to provide the Committee with comprehensive understanding of the implementation of the Charter in the relevant country; and(b)shall indicate factors and difficulties, if any, affecting the fullfilment of the obligations contained in the Charter.3.A State Party which has submitted a comprehensive first report to the Committee need not, in its subsequent reports submitted in accordance with paragraph I (a) of this Article, repeat the basic information previously provided.Article 44 – Communications
1.The Committee may receive communication, from any person, group or nongovernmental organization recognized by the Organization of African Unity, by a Member State, or the United Nations relating to any matter covered by this Charter.2.Every communication to the Committee shall contain the name and address of the author and shall be treated in confidence.Article 45 – Investigations by the Committee
1.The Committee may, resort to any appropriate method of investigating any matter falling within the ambit of the present Charter, request from the States Parties any information relevant to the implementation of the Charter and may also resort to any appropriate method of investigating the measures the State Party has adopted to implement the Charter.2.The Committee shall submit to each Ordinary Session of the Assembly of Heads of State and Government every two years, a report on its activities and on any communication made under Article [44] of this Charter.3.The Committee shall publish its report after it has been considered by the Assembly of Heads of State and Government.4.States Parties shall make the Committee’s reports widely available to the public in their own countries.Chapter FOUR
MISCELLANEOUS PROVISIONS
Article 46 – Sources of Inspiration
The Committee shall draw inspiration from International Law on Human Rights, particularly from the provisions of the African Charter on Human and Peoples’ Rights, the Charter of the Organization of African Unity, the Universal Declaration on Human Rights, the International Convention on the Rights of the Child, and other instruments adopted by the United Nations and by African countries in the field of human rights, and from African values and traditions.Article 47 – Signature, Ratification or Adherence
1.The present Charter shall be open to signature by all the Member States of the Organization of African Unity.2.The present Charter shall be subject to ratification or adherence by Member States of the Organization of African Unity. The instruments of ratification or adherence to the present Charter shall be deposited with the Secretary-General of the Organization of African Unity.3.The present Charter shall come into force 30 days after the reception by the Secretary-General of the Organization of African Unity of the instruments of ratification or adherence of 15 Member States of the Organization of African Unity.Article 48 – Amendment and Revision of the Charter
1.The present Charter may be amended or revised if any State Party makes a written request to that effect to the Secretary-General of the Organization of African Unity, provided that the proposed amendment is not submitted to the Assembly of Heads of State and Government for consideration until all the States Parties have been duly notified of it and the Committee has given its opinion on the amendment.2.An amendment shall be approved by a simple majority of the States Parties.Schedule 3
TEXT OF THE UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD
PREAMBLE
The States Parties to the present Convention,CONSIDERING that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,BEARING in mind that the peoples of the United Nations have, in the Charter, reaffirmed their faith in fundamental human rights and in the dignity and worth of the human person, and have determined to promote social progress and better standards of life in larger freedom,RECOGNIZING THAT THE United Nations has, in the Universal Declaration of Human Rights and in the International Covenants on Human Rights, proclaimed and agreed that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status,RECALLING that, in the Universal Declaration of Human Rights, the United Nations has proclaimed that childhood is entitled to special care and assistance,CONVINCED that the family, as the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children, should be afforded the necessary protection and assistance so that it can fully assume its responsibilities within the community,RECOGNIZING that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding,CONSIDERING that the child should be fully prepared to live an individual life in society, and brought up in the spirit of the ideals proclaimed in the Charter of the United Nations, and in particular in the spirit of peace, dignity, tolerance, freedom, equality and solidarity,BEARING in mind that the need to extend particular care to the child has been stated in the Geneva Declaration of the Rights of the Child of 1924 and in the Declaration of the Rights of the Child adopted by the General Assembly on 20 November 1959 and recognized in the Universal Declaration of Human Rights, in the International Covenant on Civil and Political Rights (in particular in articles 23 and 24), in the International Covenant on Economic, Social and Cultural Rights (in particular in article 10) and in the statutes and relevant instruments of specialized agencies and international organizations concerned with the welfare of children,BEARING in mind that, as indicated in the Declaration of the Rights of the Child, “the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth”,RECALLING the provisions of the Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and Internationally; the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules); and the Declaration on the Protection of Women and Children in Emergency and Armed Conflict, Recognizing that, in all countries in the world, there are children living in exceptionally difficult conditions, and that such children need special consideration,TAKING due account of the importance of the traditions and cultural values of each people for the protection and harmonious development of the child, Recognizing the importance of international co-operation for improving the living conditions of children in every country, in particular in the developing countries,Have agreed as follows:Part I
Article 1
For the purposes of the present Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier.Article 2
1.States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child’s or his or her parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.2.States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child’s parents, legal guardians, or family members.Article 3
1.In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.2.States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures.3.States Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff, as well as competent supervision.Article 4
States Parties shall undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the present Convention. With regard to economic, social and cultural rights, States Parties shall undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international co-operation.Article 5
States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention.Article 6
1.States Parties recognize that every child has the inherent right to life.2.States Parties shall ensure to the maximum extent possible the survival and development of the child.Article 7
1.The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and. as far as possible, the right to know and be cared for by his or her parents.2.States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless.Article 8
1.States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful interference.2.Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties shall provide appropriate assistance and protection, with a view to re-establishing speedily his or her identity.Article 9
1.States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. Such determination may be necessary in a particular case such as one involving abuse or neglect of the child by the parents, or one where the parents are living separately and a decision must be made as to the child’s place of residence.2.In any proceedings pursuant to paragraph 1 of the present article, all interested parties shall be given an opportunity to participate in the proceedings and make their views known.3.States Parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child’s best interests.4.Where such separation results from any action initiated by a State Party, such as the detention, imprisonment, exile, deportation or death (including death arising from any cause while the person is in the custody of the State) of one or both parents or of the child, that State Party shall, upon request, provide the parents, the child or, if appropriate, another member of the family with the essential information concerning the whereabouts of the absent member(s) of the family unless the provision of the information would be detrimental to the well-being of the child. States Parties shall further ensure that the submission of such a request shall of itself entail no adverse consequences for the person(s) concerned.Article 10
1.In accordance with the obligation of States Parties under article 9, paragraph 1, applications by a child or his or her parents to enter or leave a State Party for the purpose of family reunification shall be dealt with by States Parties in a positive, humane and expeditious manner. States Parties shall further ensure that the submission of such a request shall entail no adverse consequences for the applicants and for the members of their family.2.A child whose parents reside in different States shall have the right to maintain on a regular basis, save in exceptional circumstances personal relations and direct contacts with both parents. Towards that end and in accordance with the obligation of States Parties under article 9, paragraph 1, States Parties shall respect the right of the child and his or her parents to leave any country, including their own, and to enter their own country. The right to leave any country shall be subject only to such restrictions as are prescribed by law and which are necessary to protect the national security, public order (ordre public), public health or morals or the rights and freedoms of others and are consistent with the other rights recognized in the present Convention.Article 11
1.States Parties shall take measures to combat the illicit transfer and non-return of children abroad.2.To this end, States Parties shall promote the conclusion of bilateral or multilateral agreements or accession to existing agreements.Article 12
1.States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.2.For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.Article 13
1.The child shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child’s choice.2.The exercise of this right may be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:(a)For respect of the rights or reputations of others; or(b)For the protection of national security or of public order (ordre public), or of public health or morals.Article 14
1.States Parties shall respect the right of the child to freedom of thought, conscience and religion.2.States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child.3.Freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others.Article 15
1.States Parties recognize the rights of the child to freedom of association and to freedom of peaceful assembly.2.No restrictions may be placed on the exercise of these rights other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.Article 16
1.No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, or correspondence, nor to unlawful attacks on his or her honour and reputation.2.The child has the right to the protection of the law against such interference or attacks.Article 17
States Parties recognize the important function performed by the mass media and shall ensure that the child has access to information and material from a diversity of national and international sources, especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health.To this end, States Parties shall:(a)Encourage the mass media to disseminate information and material of social and cultural benefit to the child and in accordance with the spirit of article 29;(b)Encourage international co-operation in the production, exchange and dissemination of such information and material from a diversity of cultural, national and international sources;(c)Encourage the production and dissemination of children’s books;(d)Encourage the mass media to have particular regard to the linguistic needs of the child who belongs to a minority group or who is indigenous;(e)Encourage the development of appropriate guidelines for the protection of the child from information and material injurious to his or her well-being, bearing in mind the provisions of articles 13 and 18.Article 18
1.States Parties shall use their best efforts to ensure recognition of the principle that both parents have common responsibilities for the upbringing and development of the child. Parents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child. The best interests of the child will be their basic concern.2.For the purpose of guaranteeing and promoting the rights set forth in the present Convention, States Parties shall render appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities and shall ensure the development of institutions, facilities and services for the care of children.3.States Parties shall take all appropriate measures to ensure that children of working parents have the right to benefit from child-care services and facilities for which they are eligible.Article 19
1.States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.2.Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement.Article 20
1.A child temporarily or permanently deprived of his or her family environment, or in whose own best interests cannot be allowed to remain in that environment, shall be entitled to special protection and assistance provided by the State.2.States Parties shall in accordance with their national laws ensure alternative care for such a child.3.Such care could include, inter alia, foster placement, kafalah of Islamic law, adoption or if necessary placement in suitable institutions for the care of children. When considering solutions, due regard shall be paid to the desirability of continuity in a child’s upbringing and to the child’s ethnic, religious, cultural and linguistic background.Article 21
States Parties that recognize and/or permit the system of adoption shall ensure that the best interests of the child shall be the paramount consideration and they shall:(a)Ensure that the adoption of a child is authorized only by competent authorities who determine, in accordance with applicable law and procedures and on the basis of all pertinent and reliable information, that the adoption is permissible in view of the child’s status concerning parents, relatives and legal guardians and that, if required, the persons concerned have given their informed consent to the adoption on the basis of such counselling as may be necessary;(b)Recognize that inter-country adoption may be considered as an alternative means of child’s care, if the child cannot be placed in a foster or an adoptive family or cannot in any suitable manner be cared for in the child’s country of origin;(c)Ensure that the child concerned by inter-country adoption enjoys safeguards and standards equivalent to those existing in the case of national adoption;(d)Take all appropriate measures to ensure that, in inter-country adoption, the placement does not result in improper financial gain for those involved in it;(e)Promote, where appropriate, the objectives of the present article by concluding bilateral or multilateral arrangements or agreements, and endeavour, within this framework, to ensure that the placement of the child in another country is carried out by competent authorities or organs.Article 22
1.States Parties shall take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures shall, whether unaccompanied or accompanied by his or her parents or by any other person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set forth in the present Convention and in other international human rights or humanitarian instruments to which the said States are Parties.2.For this purpose, States Parties shall provide, as they consider appropriate, co-operation in any efforts by the United Nations and other competent intergovernmental organizations or non-governmental organizations co-operating with the United Nations to protect and assist such a child and to trace the parents or other members of the family of any refugee child in order to obtain information necessary for reunification with his or her family. In cases where no parents or other members of the family can be found, the child shall be accorded the same protection as any other child permanently or temporarily deprived of his or her family environment for any reason, as set forth in the present Convention.Article 23
1.States Parties recognize that a mentally or physically disabled child should enjoy a full and decent life, in conditions which ensure dignity, promote self-reliance and facilitate the child’s active participation in the community.2.States Parties recognize the right of the disabled child to special care and shall encourage and ensure the extension, subject to available resources, to the eligible child and those responsible for his or her care, of assistance for which application is made and which is appropriate to the child’s condition and to the circumstances of the parents or others caring for the child.3.Recognizing the special needs of a disabled child, assistance extended in accordance with paragraph 2 of the present article shall be provided free of charge, whenever possible, taking into account the financial resources of the parents or others caring for the child, and shall be designed to ensure that the disabled child has effective access to and receives education, training, health care services, rehabilitation services, preparation for employment and recreation opportunities in a manner conducive to the child’s achieving the fullest possible social integration and individual development, including his or her cultural and spiritual development4.States Parties shall promote, in the spirit of international cooperation, the exchange of appropriate information in the field of preventive health care and of medical, psychological and functional treatment of disabled children, including dissemination of and access to information concerning methods of rehabilitation, education and vocational services, with the aim of enabling States Parties to improve their capabilities and skills and to widen their experience in these areas. In this regard, particular account shall be taken of the needs of developing countries.Article 24
1.States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services.2.States Parties shall pursue full implementation of this right and, in particular, shall take appropriate measures:(a)To diminish infant and child mortality;(b)To ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care;(c)To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution;(d)To ensure appropriate pre-natal and post-natal health care for mothers;(e)To ensure that all segments of society, in particular parents and children, are informed, have access to education and are supported in the use of basic knowledge of child health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the prevention of accidents;(f)To develop preventive health care, guidance for parents and family planning education and services.3.States Parties shall take all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children.4.States Parties undertake to promote and encourage international co-operation with a view to achieving progressively the full realization of the right recognized in the present article. In this regard, particular account shall be taken of the needs of developing countries.Article 25
States Parties recognize the right of a child who has been placed by the competent authorities for the purposes of care, protection or treatment of his or her physical or mental health, to a periodic review of the treatment provided to the child and all other circumstances relevant to his or her placement.Article 26
1.States Parties shall recognize for every child the right to benefit from social security, including social insurance, and shall take the necessary measures to achieve the full realization of this right in accordance with their national law.2.The benefits should, where appropriate, be granted, taking into account the resources and the circumstances of the child and persons having responsibility for the maintenance of the child, as well as any other consideration relevant to an application for benefits made by or on behalf of the child.Article 27
1.States Parties recognize the right of every child to a standard of living adequate for the child’s physical, mental, spiritual, moral and social development.2.The parent(s) or others responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the conditions of living necessary for the child’s development.3.States Parties, in accordance with national conditions and within their means, shall take appropriate measures to assist parents and others responsible for the child to implement this right and shall in case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing.4.States Parties shall take all appropriate measures to secure the recovery of maintenance for the child from the parents or other persons having financial responsibility for the child, both within the State Party and from abroad. In particular, where the person having financial responsibility for the child lives in a State different from that of the child, States Parties shall promote the accession to international agreements or the conclusion of such agreements, as well as the making of other appropriate arrangements.Article 28
1.States Parties recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular:(a)Make primary education compulsory and available free to all;(b)Encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child, and take appropriate measures such as the introduction of free education and offering financial assistance in case of need;(c)Make higher education accessible to all on the basis of capacity by every appropriate means;(d)Make educational and vocational information and guidance available and accessible to all children;(e)Take measures to encourage regular attendance at schools and the reduction of drop-out rates.2.States Parties shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child’s human dignity and in conformity with the present Convention.3.States Parties shall promote and encourage international cooperation in matters relating to education, in particular with a view to contributing to the elimination of ignorance and illiteracy throughout the world and facilitating access to scientific and technical knowledge and modern teaching methods. In this regard, particular account shall be taken of the needs of developing countries.Article 29
1.States Parties agree that the education of the child shall be directed to:(a)The development of the child’s personality, talents and mental and physical abilities to their fullest potential;(b)The development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations;(c)The development of respect for the child’s parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own;(d)The preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin;(e)The development of respect for the natural environment.2.No part of the present article or article 28 shall be construed so as to interfere with the liberty of individuals and bodies to establish and direct educational institutions, subject always to the observance of the principle set forth in paragraph 1 of the present article and to the requirements that the education given in such institutions shall conform to such minimum standards as may be laid down by the State.Article 30
In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, a child belonging to such a minority or who is indigenous shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practise his or her own religion, or to use his or her own language.Article 31
1.States Parties recognize the right of the child to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and the arts.2.States Parties shall respect and promote the right of the child to participate fully in cultural and artistic life and shall encourage the provision of appropriate and equal opportunities for cultural, artistic, recreational and leisure activity.Article 32
1.States Parties recognize the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development.2.States Parties shall take legislative, administrative, social and educational measures to ensure the implementation of the present article. To this end, and having regard to the relevant provisions of other international instruments, States Parties shall in particular:(a)Provide for a minimum age or minimum ages for admission to employment;(b)Provide for appropriate regulation of the hours and conditions of employment;(c)Provide for appropriate penalties or other sanctions to ensure the effective enforcement of the present article.Article 33
States Parties shall take all appropriate measures, including legislative, administrative, social and educational measures, to protect children from the illicit use of narcotic drugs and psychotropic substances as defined in the relevant international treaties, and to prevent the use of children in the illicit production and trafficking of such substances.Article 34
States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes, States Parties shall in particular take all appropriate national, bilateral and multilateral measures to prevent:(a)The inducement or coercion of a child to engage in any unlawful sexual activity;(b)The exploitative use of children in prostitution or other unlawful sexual practices;(c)The exploitative use of children in pornographic performances and materials.Article 35
States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form.Article 36
States Parties shall protect the child against all other forms of exploitation prejudicial to any aspects of the child’s welfare.Article 37
States Parties shall ensure that:(a)No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age;(b)No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time;(c)Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child’s best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances;(d)Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.Article 38
1.States Parties undertake to respect and to ensure respect for rules of international humanitarian law applicable to them in armed conflicts which are relevant to the child.2.States Parties shall take all feasible measures to ensure that persons who have not attained the age of fifteen years do not take a direct part in hostilities.3.States Parties shall refrain from recruiting any person who has not attained the age of fifteen years into their armed forces. In recruiting among those persons who have attained the age of fifteen years but who have not attained the age of eighteen years, States Parties shall endeavour to give priority to those who are oldest.4.In accordance with their obligations under international humanitarian law to protect the civilian population in armed conflicts, States Parties shall take all feasible measures to ensure protection and care of children who are affected by an armed conflict.Article 39
States Parties shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts. Such recovery and reintegration shall take place in an environment which fosters the health, self-respect and dignity of the child.Article 40
1.States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth, which reinforces the child’s respect for the human rights and fundamental freedoms of others and which takes into account the child’s age and the desirability of promoting the child’s reintegration and the child’s assuming a constructive role in society.2.To this end, and having regard to the relevant provisions of international instruments, States Parties shall, in particular, ensure that:(a)No child shall be alleged as, be accused of, or recognized as having infringed the penal law by reason of acts or omissions that were not prohibited by national or international law at the time they were committed;(b)Every child alleged as or accused of having infringed the penal law has at least the following guarantees:(i)To be presumed innocent until proven guilty according to law;(ii)To be informed promptly and directly of the charges against him or her, and, if appropriate, through his or her parents or legal guardians, and to have legal or other appropriate assistance in the preparation and presentation of his or her defence;(iii)To have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law, in the presence of legal or other appropriate assistance and, unless it is considered not to be in the best interest of the child, in particular, taking into account his or her age or situation, his or her parents or legal guardians;(iv)Not to be compelled to give testimony or to confess guilt; to examine or have examined adverse witnesses and to obtain the participation and examination of witnesses on his or her behalf under conditions of equality;(v)If considered to have infringed the penal law, to have this decision and any measures imposed in consequence thereof reviewed by a higher competent, independent and impartial authority or judicial body according to law;(vi)To have the free assistance of an interpreter if the child cannot understand or speak the language used;(vii)To have his or her privacy fully respected at all stages of the proceedings.3.States Parties shall seek to promote the establishment of laws, procedures, authorities and institutions specifically applicable to children alleged as, accused of, or recognized as having infringed the penal law, and, in particular:(a)The establishment of a minimum age below which children shall be presumed not to have the capacity to infringe the penal law;(b)Whenever appropriate and desirable, measures for dealing with such children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected.4.A variety of dispositions, such as care, guidance and supervision orders; counselling; probation; foster care; education and vocational training programmes and other alternatives to institutional care shall be available to ensure that children are dealt with in a manner appropriate to their well-being and proportionate both to their circumstances and the offence.Article 41
Nothing in the present Convention shall affect any provisions which are more conducive to the realization of the rights of the child and which may be contained in:(a)The law of a State party; or(b)International law in force for that State.Part II
Article 42
States Parties undertake to make the principles and provisions of the Convention widely known, by appropriate and active means, to adults and children alike.Article 43
1.For the purpose of examining the progress made by States Parties in achieving the realization of the obligations undertaken in the present Convention, there shall be established a Committee on the Rights of the Child, which shall carry out the functions hereinafter provided.2.The Committee shall consist of eighteen experts of high moral standing and recognized competence in the field covered by this Convention.1/ The members of the Committee shall be elected by States Parties from among their nationals and shall serve in their personal capacity, consideration being given to equitable geographical distribution, as well as to the principal legal systems.3.The members of the Committee shall be elected by secret ballot from a list of persons nominated by States Parties. Each State Party may nominate one person from among its own nationals.4.The initial election to the Committee shall be held no later than six months after the date of the entry into force of the present Convention and thereafter every second year. At least four months before the date of each election, the Secretary-General of the United Nations shall address a letter to States Parties inviting them to submit their nominations within two months. The Secretary-General shall subsequently prepare a list in alphabetical order of all persons thus nominated, indicating States Parties which have nominated them, and shall submit it to the States Parties to the present Convention.5.The elections shall be held at meetings of States Parties convened by the Secretary-General at United Nations Headquarters. At those meetings, for which two thirds of States Parties shall constitute a quorum, the persons elected to the Committee shall be those who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting.6.The members of the Committee shall be elected for a term of four years. They shall be eligible for re-election if renominated. The term of five of the members elected at the first election shall expire at the end of two years; immediately after the first election, the names of these five members shall be chosen by lot by the Chairman of the meeting.7.If a member of the Committee dies or resigns or declares that for any other cause he or she can no longer perform the duties of the Committee, the State Party which nominated the member shall appoint another expert from among its nationals to serve for the remainder of the term, subject to the approval of the Committee.8.The Committee shall establish its own rules of procedure.9.The Committee shall elect its officers for a period of two years.10.The meetings of the Committee shall normally be held at United Nations Headquarters or at any other convenient place as determined by the Committee. The Committee shall normally meet annually. The duration of the meetings of the Committee shall be determined, and reviewed, if necessary, by a meeting of the States Parties to the present Convention, subject to the approval of the General Assembly.11.The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Convention.12.With the approval of the General Assembly, the members of the Committee established under the present Convention shall receive emoluments from United Nations resources on such terms and conditions as the Assembly may decide.Article 44
1.States Parties undertake to submit to the Committee, through the Secretary-General of the United Nations, reports on the measures they have adopted which give effect to the rights recognized herein and on the progress made on the enjoyment of those rights(a)Within two years of the entry into force of the Convention for the State Party concerned;(b)Thereafter every five years.2.Reports made under the present article shall indicate factors and difficulties, if any, affecting the degree of fulfilment of the obligations under the present Convention. Reports shall also contain sufficient information to provide the Committee with a comprehensive understanding of the implementation of the Convention in the country concerned.3.A State Party which has submitted a comprehensive initial report to the Committee need not, in its subsequent reports submitted in accordance with paragraph 1 (b) of the present article, repeat basic information previously provided.4.The Committee may request from States Parties further information relevant to the implementation of the Convention.5.The Committee shall submit to the General Assembly, through the Economic and Social Council, every two years, reports on its activities.6.States Parties shall make their reports widely available to the public in their own countries.Article 45
In order to foster the effective implementation of the Convention and to encourage international co-operation in the field covered by the Convention:(a)The specialized agencies, the United Nations Children’s Fund, and other United Nations organs shall be entitled to be represented at the consideration of the implementation of such provisions of the present Convention as fall within the scope of their mandate. The Committee may invite the specialized agencies, the United Nations Children’s Fund and other competent bodies as it may consider appropriate to provide expert advice on the implementation of the Convention in areas falling within the scope of their respective mandates. The Committee may invite the specialized agencies, the United Nations Children’s Fund, and other United Nations organs to submit reports on the implementation of the Convention in areas falling within the scope of their activities;(b)The Committee shall transmit, as it may consider appropriate, to the specialized agencies, the United Nations Children’s Fund and other competent bodies, any reports from States Parties that contain a request, or indicate a need, for technical advice or assistance, along with the Committee’s observations and suggestions, if any, on these requests or indications;(c)The Committee may recommend to the General Assembly to request the Secretary-General to undertake on its behalf studies on specific issues relating to the rights of the child;(d)The Committee may make suggestions and general recommendations based on information received pursuant to articles 44 and 45 of the present Convention. Such suggestions and general recommendations shall be transmitted to any State Party concerned and reported to the General Assembly, together with comments, if any, from States Parties.Part III
Article 46
The present Convention shall be open for signature by all States.Article 47
The present Convention is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.Article 48
The present Convention shall remain open for accession by any State. The instruments of accession shall be deposited with the Secretary-General of the United Nations.Article 49
1.The present Convention shall enter into force on the thirtieth day following the date of deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession.2.For each State ratifying or acceding to the Convention after the deposit of the twentieth instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after the deposit by such State of its instrument of ratification or accession.Article 50
1.Any State Party may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-General shall thereupon communicate the proposed amendment to States Parties, with a request that they indicate whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that, within four months from the date of such communication, at least one third of the States Parties favour such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of States Parties present and voting at the conference shall be submitted to the General Assembly for approval.2.An amendment adopted in accordance with paragraph 1 of the present article shall enter into force when it has been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of States Parties.3.When an amendment enters into force, it shall be binding on those States Parties which have accepted it, other States Parties still being bound by the provisions of the present Convention and any earlier amendments which they have accepted.Article 51
1.The Secretary-General of the United Nations shall receive and circulate to all States the text of reservations made by States at the time of ratification or accession.2.A reservation incompatible with the object and purpose of the present Convention shall not be permitted.3.Reservations may be withdrawn at any time by notification to that effect addressed to the Secretary-General of the United Nations, who shall then inform all States. Such notification shall take effect on the date on which it is received by the Secretary-GeneralArticle 52
A State Party may denounce the present Convention by written notification to the Secretary-General of the United Nations. Denunciation becomes effective one year after the date of receipt of the notification by the Secretary-General.Article 53
The Secretary-General of the United Nations is designated as the depositary of the present Convention.Article 54
The original of the present Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.IN WITNESS THEREOF the undersigned plenipotentiaries, being duly authorized thereto by their respective Governments, have signed the present Convention.Schedule 4
Schedule 5
TEXT OF THE HAGUE CONVENTION ON PROTECTION OF CHILDREN AND CO-OPERATION IN RESPECT OF INTER-COUNTRY ADOPTION
The States signatory to the present Convention,RECOGNISING that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding,RECALLING that each State should take, as a matter of priority, appropriate measures to enable the child to remain in the care of his or her family of origin,RECOGNISING that intercountry adoption may offer the advantage of a permanent family to a child for whom a suitable family cannot be found in his or her State of origin,CONVINCED of the necessity to take measures to ensure that intercountry adoptions are made in the best interests of the child and with respect for his or her fundamental rights, and to prevent the abduction, the sale of, or traffic in children,DESIRING to establish common provisions to this effect, taking into account the principles set forth in international instruments, in particular the United Nations Convention on the Rights of the Child, of 20 November 1989, and the United Nations Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and Internationally (General Assembly Resolution 41/85, of 3 December 1986),HAVE AGREED UPON THE FOLLOWING PROVISIONS -Chapter I
SCOPE OF THE CONVENTION
Article 1
The objects of the present Convention are -(a)to establish safeguards to ensure that intercountry adoptions take place in the best interests of the child and with respect for his or her fundamental rights as recognised in international law;(b)to establish a system of co-operation amongst Contracting States to ensure that those safeguards are respected and thereby prevent the abduction, the sale of, or traffic in children;(c)to secure the recognition in Contracting States of adoptions made in accordance with the Convention.Article 2
(1)The Convention shall apply where a child habitually resident in one Contracting State (“the State of origin”) has been, is being, or is to be moved to another Contracting State (“the receiving State”) either after his or her adoption in the State of origin by spouses or a person habitually resident in the receiving State, or for the purposes of such an adoption in the receiving State or in the State of origin.(2)The Convention covers only adoptions which create a permanent parent-child relationship.Article 3
The Convention ceases to apply if the agreements mentioned in Article 17, sub-paragraph c, have not been given before the child attains the age of eighteen years.Chapter II
REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS
Article 4
An adoption within the scope of the Convention shall take place only if the competent authorities of the State of origin -(a)have established that the child is adoptable;(b)have determined, after possibilities for placement of the child within the State of origin have been given due consideration, that an intercountry adoption is in the child’s best interests;(c)have ensured that -(1)the persons, institutions and authorities whose consent is necessary for adoption, have been counselled as may be necessary and duly informed of the effects of their consent, in particular whether or not an adoption will result in the termination of the legal relationship between the child and his or her family of origin,(2)such persons, institutions and authorities have given their consent freely, in the required legal form, and expressed or evidenced in writing,(3)the consents have not been induced by payment or compensation of any kind and have not been withdrawn, and(4)the consent of the mother, where required, has been given only after the birth of the child; and(d)have ensured, having regard to the age and degree of maturity of the child, that -(1)he or she has been counselled and duly informed of the effects of the adoption and of his or her consent to the adoption, where such consent is required,(2)consideration has been given to the child’s wishes and opinions,(3)the child’s consent to the adoption, where such consent is required, has been given freely, in the required legal form, and expressed or evidenced in writing, and(4)such consent has not been induced by payment or compensation of any kind.Article 5
An adoption within the scope of the Convention shall take place only if the competent authorities of the receiving State -(a)have determined that the prospective adoptive parents are eligible and suited to adopt;(b)have ensured that the prospective adoptive parents have been counselled as may be necessary; and(c)have determined that the child is or will be authorised to enter and reside permanently in that State.Chapter III
CENTRAL AUTHORITIES AND ACCREDITED BODIES
Article 6
(1)A Contracting State shall designate a Central Authority to discharge the duties which are imposed by the Convention upon such authorities.(2)Federal States, States with more than one system of law or States having autonomous territorial units shall be free to appoint more than one Central Authority and to specify the territorial or personal extent of their functions. Where a State has appointed more than one Central Authority, it shall designate the Central Authority to which any communication may be addressed for transmission to the appropriate Central Authority within that State.Article 7
(1)Central Authorities shall co-operate with each other and promote co-operation amongst the competent authorities in their States to protect children and to achieve the other objects of the Convention.(2)They shall take directly all appropriate measures to -(a)provide information as to the laws of their States concerning adoption and other general information, such as statistics and standard forms;(b)keep one another informed about the operation of the Convention and, as far as possible, eliminate any obstacles to its application.Article 8
Central Authorities shall take, directly or through public authorities, all appropriate measures to prevent improper financial or other gain in connection with an adoption and to deter all practices contrary to the objects of the Convention.Article 9
Central Authorities shall take, directly or through public authorities or other bodies duly accredited in their State, all appropriate measures, in particular to -(a)collect, preserve and exchange information about the situation of the child and the prospective adoptive parents, so far as is necessary to complete the adoption;(b)facilitate, follow and expedite proceedings with a view to obtaining the adoption;(c)promote the development of adoption counselling and post-adoption services in their States;(d)provide each other with general evaluation reports about experience with intercountry adoption;(e)reply, in so far as is permitted by the law of their State, to justified requests from other Central Authorities or public authorities for information about a particular adoption situation.Article 10
Accreditation shall only be granted to and maintained by bodies demonstrating their competence to carry out properly the tasks with which they may be entrusted.Article 11
An accredited body shall -(a)pursue only non-profit objectives according to such conditions and within such limits as may be established by the competent authorities of the State of accreditation;(b)be directed and staffed by persons qualified by their ethical standards and by training or experience to work in the field of intercountry adoption; and(c)be subject to supervision by competent authorities of that State as to its composition, operation and financial situation.Article 12
A body accredited in one Contracting State may act in another Contracting State only if the competent authorities of both States have authorised it to do so.Article 13
The designation of the Central Authorities and, where appropriate, the extent of their functions, as well as the names and addresses of the accredited bodies shall be communicated by each Contracting State to the Permanent Bureau of the Hague Conference on Private International Law.Chapter IV
PROCEDURAL REQUIREMENTS IN INTERCOUNTRY ADOPTION
Article 14
Persons habitually resident in a Contracting State, who wish to adopt a child habitually resident in another Contracting State, shall apply to the Central Authority in the State of their habitual residence.Article 15
(1)If the Central Authority of the receiving State is satisfied that the applicants are eligible and suited to adopt, it shall prepare a report including information about their identity, eligibility and suitability to adopt, background, family and medical history, social environment, reasons for adoption, ability to undertake an intercountry adoption, as well as the characteristics of the children for whom they would be qualified to care.(2)It shall transmit the report to the Central Authority of the State of origin.Article 16
(1)If the Central Authority of the State of origin is satisfied that the child is adoptable, it shall -(a)prepare a report including information about his or her identity, adoptability, background, social environment, family history, medical history including that of the child’s family, and any special needs of the child;(b)give due consideration to the child’s upbringing and to his or her ethnic, religious and cultural background;(c)ensure that consents have been obtained in accordance with Article 4; and(d)determine, on the basis in particular of the reports relating to the child and the prospective adoptive parents, whether the envisaged placement is in the best interests of the child.(2)It shall transmit to the Central Authority of the receiving State its report on the child, proof that the necessary consents have been obtained and the reasons for its determination on the placement, taking care not to reveal the identity of the mother and the father if, in the State of origin, these identities may not be disclosed.Article 17
Any decision in the State of origin that a child should be entrusted to prospective adoptive parents may only be made if -(a)the Central Authority of that State has ensured that the prospective adoptive parents agree;(b)the Central Authority of the receiving State has approved such decision, where such approval is required by the law of that State or by the Central Authority of the State of origin;(c)the Central Authorities of both States have agreed that the adoption may proceed; and(d)it has been determined, in accordance with Article 5, that the prospective adoptive parents are eligible and suited to adopt and that the child is or will be authorised to enter and reside permanently in the receiving State.Article 18
The Central Authorities of both States shall take all necessary steps to obtain permission for the child to leave the State of origin and to enter and reside permanently in the receiving State.Article 19
(1)The transfer of the child to the receiving State may only be carried out if the requirements of Article 17 have been satisfied.(2)The Central Authorities of both States shall ensure that this transfer takes place in secure and appropriate circumstances and, if possible, in the company of the adoptive or prospective adoptive parents.(3)If the transfer of the child does not take place, the reports referred to in Articles 15 and 16 are to be sent back to the authorities who forwarded them.Article 20
The Central Authorities shall keep each other informed about the adoption process and the measures taken to complete it, as well as about the progress of the placement if a probationary period is required.Article 21
(1)Where the adoption is to take place after the transfer of the child to the receiving State and it appears to the Central Authority of that State that the continued placement of the child with the prospective adoptive parents is not in the child’s best interests, such Central Authority shall take the measures necessary to protect the child, in particular -(a)to cause the child to be withdrawn from the prospective adoptive parents and to arrange temporary care;(b)in consultation with the Central Authority of the State of origin, to arrange without delay a new placement of the child with a view to adoption or, if this is not appropriate, to arrange alternative long-term care; an adoption shall not take place until the Central Authority of the State of origin has been duly informed concerning the new prospective adoptive parents;(c)as a last resort, to arrange the return of the child, if his or her interests so require.(2)Having regard in particular to the age and degree of maturity of the child, he or she shall be consulted and, where appropriate, his or her consent obtained in relation to measures to be taken under this Article.Article 22
(1)The functions of a Central Authority under this Chapter may be performed by public authorities or by bodies accredited under Chapter III, to the extent permitted by the law of its State.(2)Any Contracting State may declare to the depositary of the Convention that the functions of the Central Authority under Articles 15 to 21 may be performed in that State, to the extent permitted by the law and subject to the supervision of the competent authorities of that State, also by bodies or persons who -(a)meet the requirements of integrity, professional competence, experience and accountability of that State; and(b)are qualified by their ethical standards and by training or experience to work in the field of intercountry adoption.(3)A Contracting State which makes the declaration provided for in paragraph 2 shall keep the Permanent Bureau of the Hague Conference on Private International Law informed of the names and addresses of these bodies and persons.(4)Any Contracting State may declare to the depositary of the Convention that adoptions of children habitually resident in its territory may only take place if the functions of the Central Authorities are performed in accordance with paragraph 1.(5)Notwithstanding any declaration made under paragraph 2, the reports provided for in Articles 15 and 16 shall, in every case, be prepared under the responsibility of the Central Authority or other authorities or bodies in accordance with paragraph 1.Chapter V
RECOGNITION AND EFFECTS OF THE ADOPTION
Article 23
(1)An adoption certified by the competent authority of the State of the adoption as having been made in accordance with the Convention shall be recognised by operation of law in the other Contracting States. The certificate shall specify when and by whom the agreements under Article 17, sub-paragraph c), were given.(2)Each Contracting State shall, at the time of signature, ratification, acceptance, approval or accession, notify the depositary of the Convention of the identity and the functions of the authority or the authorities which, in that State, are competent to make the certification. It shall also notify the depositary of any modification in the designation of these authorities.Article 24
The recognition of an adoption may be refused in a Contracting State only if the adoption is manifestly contrary to its public policy, taking into account the best interests of the child.Article 25
Any Contracting State may declare to the depositary of the Convention that it will not be bound under this Convention to recognise adoptions made in accordance with an agreement concluded by application of Article 39, paragraph 2.Article 26
(1)The recognition of an adoption includes recognition of -(a)the legal parent-child relationship between the child and his or her adoptive parents;(b)parental responsibility of the adoptive parents for the child;(c)the termination of a pre-existing legal relationship between the child and his or her mother and father, if the adoption has this effect in the Contracting State where it was made.(2)In the case of an adoption having the effect of terminating a pre-existing legal parent-child relationship, the child shall enjoy in the receiving State, and in any other Contracting State where the adoption is recognised, rights equivalent to those resulting from adoptions having this effect in each such State.(3)The preceding paragraphs shall not prejudice the application of any provision more favourable for the child, in force in the Contracting State which recognises the adoption.Article 27
(1)Where an adoption granted in the State of origin does not have the effect of terminating a pre-existing legal parent-child relationship, it may, in the receiving State which recognises the adoption under the Convention, be converted into an adoption having such an effect -(a)if the law of the receiving State so permits; and(b)if the consents referred to in Article 4, sub-paragraphs c and d, have been or are given for the purpose of such an adoption.(2)Article 23 applies to the decision converting the adoption.Chapter VI
GENERAL PROVISIONS
Article 28
The Convention does not affect any law of a State of origin which requires that the adoption of a child habitually resident within that State take place in that State or which prohibits the child’s placement in, or transfer to, the receiving State prior to adoption.Article 29
There shall be no contact between the prospective adoptive parents and the child’s parents or any other person who has care of the child until the requirements of Article 4, sub-paragraphs a) to c), and Article 5, sub-paragraph a), have been met, unless the adoption takes place within a family or unless the contact is in compliance with the conditions established by the competent authority of the State of origin.Article 30
(1)The competent authorities of a Contracting State shall ensure that information held by them concerning the child’ origin, in particular information concerning the identity of his or her parents, as well as the medical history, is preserved.(2)They shall ensure that the child or his or her representative has access to such information, under appropriate guidance, in so far as is permitted by the law of that State.Article 31
Without prejudice to Article 30, personal data gathered or transmitted under the Convention, especially data referred to in Articles 15 and 16, shall be used only for the purposes for which they were gathered or transmitted.Article 32
(1)No one shall derive improper financial or other gain from an activity related to an intercountry adoption.(2)Only costs and expenses, including reasonable professional fees of persons involved in the adoption, may be charged or paid.(3)The directors, administrators and employees of bodies involved in an adoption shall not receive remuneration which is unreasonably high in relation to services rendered.Article 33
A competent authority which finds that any provision of the Convention has not been respected or that there is a serious risk that it may not be respected, shall immediately inform the Central Authority of its State. This Central Authority shall be responsible for ensuring that appropriate measures are taken.Article 34
If the competent authority of the State of destination of a document so requests, a translation certified as being in conformity with the original must be furnished. Unless otherwise provided, the costs of such translation are to be borne by the prospective adoptive parents.Article 35
The competent authorities of the Contracting States shall act expeditiously in the process of adoption.Article 36
In relation to a State which has two or more systems of law with regard to adoption applicable in different territorial units -(a)any reference to habitual residence in that State shall be construed as referring to habitual residence in a territorial unit of that State;(b)any reference to the law of that State shall be construed as referring to the law in force in the relevant territorial unit;(c)any reference to the competent authorities or to the public authorities of that State shall be construed as referring to those authorised to act in the relevant territorial unit;(d)any reference to the accredited bodies of that State shall be construed as referring to bodies accredited in the relevant territorial unit.Article 37
In relation to a State which with regard to adoption has two or more systems of law applicable to different categories of persons, any reference to the law of that State shall be construed as referring to the legal system specified by the law of that State.Article 38
A State within which different territorial units have their own rules of law in respect of adoption shall not be bound to apply the Convention where a State with a unified system of law would not be bound to do so.Article 39
(1)The Convention does not affect any international instrument to which Contracting States are Parties and which contains provisions on matters governed by the Convention, unless a contrary declaration is made by the States Parties to such instrument.(2)Any Contracting State may enter into agreements with one or more other Contracting States, with a view to improving the application of the Convention in their mutual relations. These agreements may derogate only from the provisions of Articles 14 to 16 and 18 to 21. The States which have concluded such an agreement shall transmit a copy to the depositary of the Convention.Article 40
No reservation to the Convention shall be permitted.Article 41
The Convention shall apply in every case where an application pursuant to Article 14 has been received after the Convention has entered into force in the receiving State and the State of origin.Article 42
The Secretary General of the Hague Conference on Private International Law shall at regular intervals convene a Special Commission in order to review the practical operation of the Convention.Chapter VII
FINAL CLAUSES
Article 43
(1)The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Seventeenth Session and by the other States which participated in that Session.(2)It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention.Article 44
(1)Any other State may accede to the Convention after it has entered into force in accordance with Article 46, paragraph 1.(2)The instrument of accession shall be deposited with the depositary.(3)Such accession shall have effect only as regards the relations between the acceding State and those Contracting States which have not raised an objection to its accession in the six months after the receipt of the notification referred to in sub-paragraph (b) of Article 48. Such an objection may also be raised by States at the time when they ratify, accept or approve the Convention after an accession. Any such objection shall be notified to the depositary.Article 45
(1)If a State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in the Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.(2)Any such declaration shall be notified to the depositary and shall state expressly the territorial units to which the Convention applies.(3)If a State makes no declaration under this Article, the Convention is to extend to all territorial units of that State.Article 46
(1)The Convention shall enter into force on the first day of the month following the expiration of three months after the deposit of the third instrument of ratification, acceptance or approval referred to in Article 43.(2)Thereafter the Convention shall enter into force -(a)for each State ratifying, accepting or approving it subsequently, or acceding to it, on the first day of the month following the expiration of three months after the deposit of its instrument of ratification, acceptance, approval or accession;(b)for a territorial unit to which the Convention has been extended in conformity with Article 45, on the first day of the month following the expiration of three months after the notification referred to in that Article.Article 47
(1)A State Party to the Convention may denounce it by a notification in writing addressed to the depositary.(2)The denunciation takes effect on the first day of the month following the expiration of twelve months after the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation takes effect upon the expiration of such longer period after the notification is received by the depositary.Article 48
The depositary shall notify the States Members of the Hague Conference on Private International Law, the other States which participated in the Seventeenth Session and the States which have acceded in accordance with Article 44, of the following -(a)the signatures, ratifications, acceptances and approvals referred to in Article 43;(b)the accessions and objections raised to accessions referred to in Article 44;(c)the date on which the Convention enters into force in accordance with Article 46;(d)the declarations and designations referred to in Articles 22, 23, 25 and 45;(e)the agreements referred to in Article 39;(f)the denunciations referred to in Article 47.IN WITNESS WHEREOF THE UNDERSIGNED, BEING DULY AUTHORISED THERETO, HAVE SIGNED THIS CONVENTION.Done at The Hague, on the 29th day of May 1993, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the States Members of the Hague Conference on Private International Law at the date of its Seventeenth Session and to each of the other States which participated in that Session.Schedule 6
TEXT OF THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTIONThe States signatory to the present Convention,FIRMLY CONVINCED that the interests of children are of paramount importance in matters relating to their custody,DESIRING to protect children internationally from the harmful effects of their wrongful removal or retention and to establish procedures to ensure their prompt return to the State of their habitual residence, as well as to secure protection for rights of access,HAVE RESOLVED to conclude a Convention to this effect, and have agreed upon the following provisions -Chapter I
SCOPE OF THE CONVENTION
Article 1
The objects of the present Convention are -(a)to secure the prompt return of children wrongfully removed to or retained in any Contracting State; and(b)to ensure that rights of custody and of access under the law of one Contracting State are effectively respected in the other Contracting States.Article 2
Contracting States shall take all appropriate measures to secure within their territories the implementation of the objects of the Convention. For this purpose they shall use the most expeditious procedures available.Article 3
The removal or the retention of a child is to be considered wrongful where -(a)it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and(b)at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention.The rights of custody mentioned in sub-paragraph a) above, may arise in particular by operation of law or by reason of a judicial or administrative decision, or by reason of an agreement having legal effect under the law of that State.Article 4
The Convention shall apply to any child who was habitually resident in a Contracting State immediately before any breach of custody or access rights. The Convention shall cease to apply when the child attains the age of 16 years.Article 5
For the purposes of this Convention -(a)“rights of custody” shall include rights relating to the care of the person of the child and, in particular, the right to determine the child’s place of residence;(b)“rights of access” shall include the right to take a child for a limited period of time to a place other than the child’s habitual residence.Chapter II
CENTRAL AUTHORITIES
Article 6
A Contracting State shall designate a Central Authority to discharge the duties which are imposed by the Convention upon such authorities.Federal States, States with more than one system of law or States having autonomous territorial organisations shall be free to appoint more than one Central Authority and to specify the territorial extent of their powers. Where a State has appointed more than one Central Authority, it shall designate the Central Authority to which applications may be addressed for transmission to the appropriate Central Authority within that State.Article 7
Central Authorities shall co-operate with each other and promote co-operation amongst the competent authorities in their respective States to secure the prompt return of children and to achieve the other objects of this Convention.In particular, either directly or through any intermediary, they shall take all appropriate measures -(a)to discover the whereabouts of a child who has been wrongfully removed or retained;(b)to prevent further harm to the child or prejudice to interested parties by taking or causing to be taken provisional measures;(c)to secure the voluntary return of the child or to bring about an amicable resolution of the issues;(d)to exchange, where desirable, information relating to the social background of the child;(e)to provide information of a general character as to the law of their State in connection with the application of the Convention;(f)to initiate or facilitate the institution of judicial or administrative proceedings with a view to obtaining the return of the child and, in a proper case, to make arrangements for organising or securing the effective exercise of rights of access;(g)where the circumstances so require, to provide or facilitate the provision of legal aid and advice, including the participation of legal counsel and advisers;(h)to provide such administrative arrangements as may be necessary and appropriate to secure the safe return of the child;(i)to keep each other informed with respect to the operation of this Convention and, as far as possible, to eliminate any obstacles to its application.Chapter III
RETURN OF CHILDREN
Article 8
Any person, institution or other body claiming that a child has been removed or retained in breach of custody rights may apply either to the Central Authority of the child’s habitual residence or to the Central Authority of any other Contracting State for assistance in securing the return of the child.The application shall contain -(a)information concerning the identity of the applicant, of the child and of the person alleged to have removed or retained the child;(b)where available, the date of birth of the child;(c)the grounds on which the applicant’s claim for return of the child is based;(d)all available information relating to the whereabouts of the child and the identity of the person with whom the child is presumed to be. The application may be accompanied or supplemented by -(e)an authenticated copy of any relevant decision or agreement;(f)a certificate or an affidavit emanating from a Central Authority, or other competent authority of the State of the child’s habitual residence, or from a qualified person, concerning the relevant law of that State;(g)any other relevant document.Article 9
If the Central Authority which receives an application referred to in Article 8 has reason to believe that the child is in another Contracting State, it shall directly and without delay transmit the application to the Central Authority of that Contracting State and inform the requesting Central Authority, or the applicant, as the case may be.Article 10
The Central Authority of the State where the child is shall take or cause to be taken all appropriate measures in order to obtain the voluntary return of the child.Article 11
The judicial or administrative authorities of Contracting States shall act expeditiously in proceedings for the return of children.If the judicial or administrative authority concerned has not reached a decision within six weeks from the date of commencement of the proceedings, the applicant or the Central Authority of the requested State, on its own initiative or if asked by the Central Authority of the requesting State, shall have the right to request a statement of the reasons for the delay. If a reply is received by the Central Authority of the requested State, that Authority shall transmit the reply to the Central Authority of the requesting State, or to the applicant, as the case may be.Article 12
Where a child has been wrongfully removed or retained in terms of Article 3 and, at the date of the commencement of the proceedings before the judicial or administrative authority of the Contracting State where the child is, a period of less than one year has elapsed from the date of the wrongful removal or retention, the authority concerned shall order the return of the child forthwith.The judicial or administrative authority, even where the proceedings have been commenced after the expiration of the period of one year referred to in the preceding paragraph, shall also order the return of the child, unless it is demonstrated that the child is now settled in its new environment.Where the judicial or administrative authority in the requested State has reason to believe that the child has been taken to another State, it may stay the proceedings or dismiss the application for the return of the child.Article 13
Notwithstanding the provisions of the preceding Article, the judicial or administrative authority of the requested State is not bound to order the return of the child if the person, institution or other body which opposes its return establishes that -(a)the person, institution or other body having the care of the person of the child was not actually exercising the custody rights at the time of removal or retention, or had consented to or subsequently acquiesced in the removal or retention; or(b)there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation.The judicial or administrative authority may also refuse to order the return of the child if it finds that the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of its views.In considering the circumstances referred to in this Article, the judicial and administrative authorities shall take into account the information relating to the social background of the child provided by the Central Authority or other competent authority of the child’s habitual residence.Article 14
In ascertaining whether there has been a wrongful removal or retention within the meaning of Article 3, the judicial or administrative authorities of the requested State may take notice directly of the law of, and of judicial or administrative decisions, formally recognised or not in the State of the habitual residence of the child, without recourse to the specific procedures for the proof of that law or for the recognition of foreign decisions which would otherwise be applicable.Article 15
The judicial or administrative authorities of a Contracting State may, prior to the making of an order for the return of the child, request that the applicant obtain from the authorities of the State of the habitual residence of the child a decision or other determination that the removal or retention was wrongful within the meaning of Article 3 of the Convention, where such a decision or determination may be obtained in that State. The Central Authorities of the Contracting States shall so far as practicable assist applicants to obtain such a decision or determination.Article 16
After receiving notice of a wrongful removal or retention of a child in the sense of Article 3, the judicial or administrative authorities of the Contracting State to which the child has been removed or in which it has been retained shall not decide on the merits of rights of custody until it has been determined that the child is not to be returned under this Convention or unless an application under this Convention is not lodged within a reasonable time following receipt of the notice.Article 17
The sole fact that a decision relating to custody has been given in or is entitled to recognition in the requested State shall not be a ground for refusing to return a child under this Convention, but the judicial or administrative authorities of the requested State may take account of the reasons for that decision in applying this Convention.Article 18
The provisions of this Chapter do not limit the power of a judicial or administrative authority to order the return of the child at any time.Article 19
A decision under this Convention concerning the return of the child shall not be taken to be a determination on the merits of any custody issue.Article 20
The return of the child under the provisions of Article 12 may be refused if this would not be permitted by the fundamental principles of the requested State relating to the protection of human rights and fundamental freedoms.Chapter IV
RIGHTS OF ACCESS
Article 21
An application to make arrangements for organising or securing the effective exercise of rights of access may be presented to the Central Authorities of the Contracting States in the same way as an application for the return of a child.The Central Authorities are bound by the obligations of co-operation which are set forth in Article 7 to promote the peaceful enjoyment of access rights and the fulfilment of any conditions to which the exercise of those rights may be subject. The Central Authorities shall take steps to remove, as far as possible, all obstacles to the exercise of such rights.The Central Authorities, either directly or through intermediaries, may initiate or assist in the institution of proceedings with a view to organising or protecting these rights and securing respect for the conditions to which the exercise of these rights may be subject.Chapter V
GENERAL PROVISIONS
Article 22
No security, bond or deposit, however described, shall be required to guarantee the payment of costs and expenses in the judicial or administrative proceedings falling within the scope of this Convention.Article 23
No legalisation or similar formality may be required in the context of this Convention.Article 24
Any application, communication or other document sent to the Central Authority of the requested State shall be in the original language, and shall be accompanied by a translation into the official language or one of the official languages of the requested State or, where that is not feasible, a translation into French or English.However, a Contracting State may, by making a reservation in accordance with Article 42, object to the use of either French or English, but not both, in any application, communication or other document sent to its Central Authority.Article 25
Nationals of the Contracting States and persons who are habitually resident within those States shall be entitled in matters concerned with the application of this Convention to legal aid and advice in any other Contracting State on the same conditions as if they themselves were nationals of and habitually resident in that State.Article 26
Each Central Authority shall bear its own costs in applying this Convention.Central Authorities and other public services of Contracting States shall not impose any charges in relation to applications submitted under this Convention. In particular, they may not require any payment from the applicant towards the costs and expenses of the proceedings or, where applicable, those arising from the participation of legal counsel or advisers. However, they may require the payment of the expenses incurred or to be incurred in implementing the return of the child.However, a Contracting State may, by making a reservation in accordance with Article 42, declare that it shall not be bound to assume any costs referred to in the preceding paragraph resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.Upon ordering the return of a child or issuing an order concerning rights of access under this Convention, the judicial or administrative authorities may, where appropriate, direct the person who removed or retained the child, or who prevented the exercise of rights of access, to pay necessary expenses incurred by or on behalf of the applicant, including travel expenses, any costs incurred or payments made for locating the child, the costs of legal representation of the applicant, and those of returning the child.Article 27
When it is manifest that the requirements of this Convention are not fulfilled or that the application is otherwise not well founded, a Central Authority is not bound to accept the application. In that case, the Central Authority shall forthwith inform the applicant or the Central Authority through which the application was submitted, as the case may be, of its reasons.Article 28
A Central Authority may require that the application be accompanied by a written authorisation empowering it to act on behalf of the applicant, or to designate a representative so to act.Article 29
This Convention shall not preclude any person, institution or body who claims that there has been a breach of custody or access rights within the meaning of Article 3 or 21 from applying directly to the judicial or administrative authorities of a Contracting State, whether or not under the provisions of this Convention.Article 30
Any application submitted to the Central Authorities or directly to the judicial or administrative authorities of a Contracting State in accordance with the terms of this Convention, together with documents and any other information appended thereto or provided by a Central Authority, shall be admissible in the courts or administrative authorities of the Contracting States.Article 31
In relation to a State which in matters of custody of children has two or more systems of law applicable in different territorial units -(a)any reference to habitual residence in that State shall be construed as referring to habitual residence in a territorial unit of that State;(b)any reference to the law of the State of habitual residence shall be construed as referring to the law of the territorial unit in that State where the child habitually resides.Article 32
In relation to a State which in matters of custody of children has two or more systems of law applicable to different categories of persons, any reference to the law of that State shall be construed as referring to the legal system specified by the law of that State.Article 33
A State within which different territorial units have their own rules of law in respect of custody of children shall not be bound to apply this Convention where a State with a unified system of law would not be bound to do so.Article 34
This Convention shall take priority in matters within its scope over the Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the protection of minors, as between Parties to both Conventions. Otherwise the present Convention shall not restrict the application of an international instrument in force between the State of origin and the State addressed or other law of the State addressed for the purposes of obtaining the return of a child who has been wrongfully removed or retained or of organising access rights.Article 35
This Convention shall apply as between Contracting States only to wrongful removals or retentions occurring after its entry into force in those States.Where a declaration has been made under Article 39 or 40, the reference in the preceding paragraph to a Contracting State shall be taken to refer to the territorial unit or units in relation to which this Convention applies.Article 36
Nothing in this Convention shall prevent two or more Contracting States, in order to limit the restrictions to which the return of the child may be subject, from agreeing among themselves to derogate from any provisions of this Convention which may imply such a restriction.Chapter VI
FINAL CLAUSES
Article 37
The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Fourteenth Session.It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands.Article 38
Any other State may accede to the Convention.The instrument of accession shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands.The Convention shall enter into force for a State acceding to it on the first day of the third calendar month after the deposit of its instrument of accession.The accession will have effect only as regards the relations between the acceding State and such Contracting States as will have declared their acceptance of the accession. Such a declaration will also have to be made by any Member State ratifying, accepting or approving the Convention after an accession. Such declaration shall be deposited at the Ministry of Foreign Affairs of the Kingdom of the Netherlands; this Ministry shall forward, through diplomatic channels, a certified copy to each of the Contracting States.The Convention will enter into force as between the acceding State and the State that has declared its acceptance of the accession on the first day of the third calendar month after the deposit of the declaration of acceptance.Article 39
Any State may, at the time of signature, ratification, acceptance, approval or accession, declare that the Convention shall extend to all the territories for the international relations of which it is responsible, or to one or more of them. Such a declaration shall take effect at the time the Convention enters into force for that State.Such declaration, as well as any subsequent extension, shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands.Article 40
If a Contracting State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.Any such declaration shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and shall state expressly the territorial units to which the Convention applies.Article 41
Where a Contracting State has a system of government under which executive, judicial and legislative powers are distributed between central and other authorities within that State, its signature or ratification, acceptance or approval of, or accession to this Convention, or its making of any declaration in terms of Article 40 shall carry no implication as to the internal distribution of powers within that State.Article 42
Any State may, not later than the time of ratification, acceptance, approval or accession, or at the time of making a declaration in terms of Article 39 or 40, make one or both of the reservations provided for in Article 24 and Article 26, third paragraph. No other reservation shall be permitted.Any State may at any time withdraw a reservation it has made. The withdrawal shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands.The reservation shall cease to have effect on the first day of the third calendar month after the notification referred to in the preceding paragraph.Article 43
The Convention shall enter into force on the first day of the third calendar month after the deposit of the third instrument of ratification, acceptance, approval or accession referred to in Articles 37 and 38.Thereafter the Convention shall enter into force -(1)for each State ratifying, accepting, approving or acceding to it subsequently, on the first day of the third calendar month after the deposit of its instrument of ratification, acceptance, approval or accession;(2)for any territory or territorial unit to which the Convention has been extended in conformity with Article 39 or 40, on the first day of the third calendar month after the notification referred to in that Article.Article 44
The Convention shall remain in force for five years from the date of its entry into force in accordance with the first paragraph of Article 43 even for States which subsequently have ratified, accepted, approved it or acceded to it.If there has been no denunciation, it shall be renewed tacitly every five years.Any denunciation shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands at least six months before the expiry of the five year period. It may be limited to certain of the territories or territorial units to which the Convention applies.The denunciation shall have effect only as regards the State which has notified it. The Convention shall remain in force for the other Contracting States.Article 45
The Ministry of Foreign Affairs of the Kingdom of the Netherlands shall notify the States Members of the Conference, and the States which have acceded in accordance with Article 38, of the following -(1)the signatures and ratifications, acceptances and approvals referred to in Article 37;(2)the accessions referred to in Article 38;(3)the date on which the Convention enters into force in accordance with Article 43;(4)the extensions referred to in Article 39;(5)the declarations referred to in Articles 38 and 40;(6)the reservations referred to in Article 24 and Article 26, third paragraph, and the withdrawals referred to in Article 42;(7)the denunciations referred to in Article 44.IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have signed this Convention.Done at The Hague, on the 25th day of October 1980, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the States Members of the Hague Conference on Private International Law at the date of its Fourteenth Session.Schedule 7
TEXT OF THE HAGUE CONVENTION ON JURISDICTION, APPLICABLE LAW, RECOGNITION, ENFORCEMENT AND CO-OPERATION IN RESPECT OF PARENTAL RESPONSIBILITY AND MEASURESFOR THE PROTECTION OF CHILDRENThe States signatory to the present Convention,CONSIDERING the need to improve the protection of children in international situations,WISHING to avoid conflicts between their legal systems in respect of jurisdiction, applicable law, recognition and enforcement of measures for the protection of children,RECALLING the importance of international co-operation for the protection of children,CONFIRMING that the best interests of the child are to be a primary consideration,NOTING that the Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the protection of minors is in need of revision,DESIRING to establish common provisions to this effect, taking into account the United Nations Convention on the Rights of the Child of 20 November 1989,HAVE AGREED ON THE FOLLOWING PROVISIONS -Chapter I
SCOPE OF THE CONVENTION
Article 1
(1)The objects of the present Convention are -(a)to determine the State whose authorities have jurisdiction to take measures directed to the protection of the person or property of the child;(b)to determine which law is to be applied by such authorities in exercising their jurisdiction;(c)to determine the law applicable to parental responsibility;(d)to provide for the recognition and enforcement of such measures of protection in all Contracting States;(e)to establish such co-operation between the authorities of the Contracting States as may be necessary in order to achieve the purposes of this Convention.(2)For the purposes of this Convention, the term ‘parental responsibility’ includes parental authority, or any analogous relationship of authority determining the rights, powers and responsibilities of parents, guardians or other legal representatives in relation to the person or the property of the child.Article 2
The Convention applies to children from the moment of their birth until they reach the age of 18 years.Article 3
The measures referred to in Article 1 may deal in particular with -(a)the attribution, exercise, termination or restriction of parental responsibility, as well as its delegation;(b)rights of custody, including rights relating to the care of the person of the child and, in particular, the right to determine the child’s place of residence, as well as rights of access including the right to take a child for a limited period of time to a place other than the child’s habitual residence;(c)guardianship, curatorship and analogous institutions;(d)the designation and functions of any person or body having charge of the child’s person or property, representing or assisting the child;(e)the placement of the child in a foster family or in institutional care, or the provision of care by kafala or an analogous institution;(f)the supervision by a public authority of the care of a child by any person having charge of the child;(g)the administration, conservation or disposal of the child’s property.Article 4
The Convention does not apply to -(a)the establishment or contesting of a parent-child relationship;(b)decisions on adoption, measures preparatory to adoption, or the annulment or revocation of adoption;(c)the name and forenames of the child;(e)maintenance obligations;(h)public measures of a general nature in matters of education or health;(i)measures taken as a result of penal offences committed by children;(j)decisions on the right of asylum and on immigration.Chapter II
JURISDICTION
Article 5
(1)The judicial or administrative authorities of the Contracting State of the habitual residence of the child have jurisdiction to take measures directed to the protection of the child’s person or property.(2)Subject to Article 7, in case of a change of the child’s habitual residence to another Contracting State, the authorities of the State of the new habitual residence have jurisdiction.Article 6
(1)For refugee children and children who, due to disturbances occurring in their country, are internationally displaced, the authorities of the Contracting State on the territory of which these children are present as a result of their displacement have the jurisdiction provided for in paragraph 1 of Article 5.(2)The provisions of the preceding paragraph also apply to children whose habitual residence cannot be established.Article 7
(1)In case of wrongful removal or retention of the child, the authorities of the Contracting State in which the child was habitually resident immediately before the removal or retention keep their jurisdiction until the child has acquired a habitual residence in another State, and(a)each person, institution or other body having rights of custody has acquiesced in the removal or retention; or(b)the child has resided in that other State for a period of at least one year after the person, institution or other body having rights of custody has or should have had knowledge of the whereabouts of the child, no request for return lodged within that period is still pending, and the child is settled in his or her new environment.(2)The removal or the retention of a child is to be considered wrongful where -(a)it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and(b)at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention.The rights of custody mentioned in sub-paragraph a above, may arise in particular by operation of law or by reason of a judicial or administrative decision, or by reason of an agreement having legal effect under the law of that State.(3)So long as the authorities first mentioned in paragraph 1 keep their jurisdiction, the authorities of the Contracting State to which the child has been removed or in which he or she has been retained can take only such urgent measures under Article 11 as are necessary for the protection of the person or property of the child.Article 8
(1)By way of exception, the authority of a Contracting State having jurisdiction under Article 5 or 6, if it considers that the authority of another Contracting State would be better placed in the particular case to assess the best interests of the child, may either- request that other authority, directly or with the assistance of the Central Authority of its State, to assume jurisdiction to take such measures of protection as it considers to be necessary, or- suspend consideration of the case and invite the parties to introduce such a request before the authority of that other State.(2)The Contracting States whose authorities may be addressed as provided in the preceding paragraph are(a)a State of which the child is a national,(b)a State in which property of the child is located,(c)a State whose authorities are seised of an application for divorce or legal separation of the child’s parents, or for annulment of their marriage,(d)a State with which the child has a substantial connection.(3)The authorities concerned may proceed to an exchange of views.(4)The authority addressed as provided in paragraph 1 may assume jurisdiction, in place of the authority having jurisdiction under Article 5 or 6, if it considers that this is in the child’s best interests.Article 9
(1)If the authorities of a Contracting State referred to in Article 8, paragraph 2, consider that they are better placed in the particular case to assess the child’s best interests, they may either- request the competent authority of the Contracting State of the habitual residence of the child, directly or with the assistance of the Central Authority of that State, that they be authorised to exercise jurisdiction to take the measures of protection which they consider to be necessary, or- invite the parties to introduce such a request before the authority of the Contracting State of the habitual residence of the child.(2)The authorities concerned may proceed to an exchange of views.(3)The authority initiating the request may exercise jurisdiction in place of the authority of the Contracting State of the habitual residence of the child only if the latter authority has accepted the request.Article 10
(1)Without prejudice to Articles 5 to 9, the authorities of a Contracting State exercising jurisdiction to decide upon an application for divorce or legal separation of the parents of a child habitually resident in another Contracting State, or for annulment of their marriage, may, if the law of their State so provides, take measures directed to the protection of the person or property of such child if -(a)at the time of commencement of the proceedings, one of his or her parents habitually resides in that State and one of them has parental responsibility in relation to the child; and(b)the jurisdiction of these authorities to take such measures has been accepted by the parents, as well as by any other person who has parental responsibility in relation to the child, and is in the best interests of the child.(2)The jurisdiction provided for by paragraph 1 to take measures for the protection of the child ceases as soon as the decision allowing or refusing the application for divorce, legal separation or annulment of the marriage has become final, or the proceedings have come to an end for another reason.Article 11
(1)In all cases of urgency, the authorities of any Contracting State in whose territory the child or property belonging to the child is present have jurisdiction to take any necessary measures of protection.(2)The measures taken under the preceding paragraph with regard to a child habitually resident in a Contracting State shall lapse as soon as the authorities which have jurisdiction under Articles 5 to 10 have taken the measures required by the situation.(3)The measures taken under paragraph 1 with regard to a child who is habitually resident in a non-Contracting State shall lapse in each Contracting State as soon as measures required by the situation and taken by the authorities of another State are recognised in the Contracting State in question.Article 12
(1)Subject to Article 7, the authorities of a Contracting State in whose territory the child or property belonging to the child is present have jurisdiction to take measures of a provisional character for the protection of the person or property of the child which have a territorial effect limited to the State in question, in so far as such measures are not incompatible with measures already taken by authorities which have jurisdiction under Articles 5 to 10.(2)The measures taken under the preceding paragraph with regard to a child habitually resident in a Contracting State shall lapse as soon as the authorities which have jurisdiction under Articles 5 to 10 have taken a decision in respect of the measures of protection which may be required by the situation.(3)The measures taken under paragraph 1 with regard to a child who is habitually resident in a non-Contracting State shall lapse in the Contracting State where the measures were taken as soon as measures required by the situation and taken by the authorities of another State are recognised in the Contracting State in question.Article 13
(1)The authorities of a Contracting State which have jurisdiction under Articles 5 to 10 to take measures for the protection of the person or property of the child must abstain from exercising this jurisdiction if, at the time of the commencement of the proceedings, corresponding measures have been requested from the authorities of another Contracting State having jurisdiction under Articles 5 to 10 at the time of the request and are still under consideration.(2)The provisions of the preceding paragraph shall not apply if the authorities before whom the request for measures was initially introduced have declined jurisdiction.Article 14
The measures taken in application of Articles 5 to 10 remain in force according to their terms, even if a change of circumstances has eliminated the basis upon which jurisdiction was founded, so long as the authorities which have jurisdiction under the Convention have not modified, replaced or terminated such measures.Chapter III
APPLICABLE LAW
Article 15
(1)In exercising their jurisdiction under the provisions of Chapter II, the authorities of the Contracting States shall apply their own law.(2)However, in so far as the protection of the person or the property of the child requires, they may exceptionally apply or take into consideration the law of another State with which the situation has a substantial connection.(3)If the child’s habitual residence changes to another Contracting State, the law of that other State governs, from the time of the change, the conditions of application of the measures taken in the State of the former habitual residence.Article 16
(1)The attribution or extinction of parental responsibility by operation of law, without the intervention of a judicial or administrative authority, is governed by the law of the State of the habitual residence of the child.(2)The attribution or extinction of parental responsibility by an agreement or a unilateral act, without intervention of a judicial or administrative authority, is governed by the law of the State of the child’s habitual residence at the time when the agreement or unilateral act takes effect.(3)Parental responsibility which exists under the law of the State of the child’s habitual residence subsists after a change of that habitual residence to another State.(4)If the child’s habitual residence changes, the attribution of parental responsibility by operation of law to a person who does not already have such responsibility is governed by the law of the State of the new habitual residence.Article 17
The exercise of parental responsibility is governed by the law of the State of the child’s habitual residence. If the child’s habitual residence changes, it is governed by the law of the State of the new habitual residence.Article 18
The parental responsibility referred to in Article 16 may be terminated, or the conditions of its exercise modified, by measures taken under this Convention.Article 19
(1)The validity of a transaction entered into between a third party and another person who would be entitled to act as the child’s legal representative under the law of the State where the transaction was concluded cannot be contested, and the third party cannot be held liable, on the sole ground that the other person was not entitled to act as the child’s legal representative under the law designated by the provisions of this Chapter, unless the third party knew or should have known that the parental responsibility was governed by the latter law.(2)The preceding paragraph applies only if the transaction was entered into between persons present on the territory of the same State.Article 20
The provisions of this Chapter apply even if the law designated by them is the law of a non-Contracting State.Article 21
(1)In this Chapter the term “law” means the law in force in a State other than its choice of law rules.(2)However, if the law applicable according to Article 16 is that of a non-Contracting State and if the choice of law rules of that State designate the law of another non-Contracting State which would apply its own law, the law of the latter State applies. If that other non-Contracting State would not apply its own law, the applicable law is that designated by Article 16.Article 22
The application of the law designated by the provisions of this Chapter can be refused only if this application would be manifestly contrary to public policy, taking into account the best interests of the child.Chapter IV
RECOGNITION AND ENFORCEMENT
Article 23
(1)The measures taken by the authorities of a Contracting State shall be recognised by operation of law in all other Contracting States.(2)Recognition may however be refused -(a)if the measure was taken by an authority whose jurisdiction was not based on one of the grounds provided for in Chapter II;(b)if the measure was taken, except in a case of urgency, in the context of a judicial or administrative proceeding, without the child having been provided the opportunity to be heard, in violation of fundamental principles of procedure of the requested State;(c)on the request of any person claiming that the measure infringes his or her parental responsibility, if such measure was taken, except in a case of urgency, without such person having been given an opportunity to be heard;(d)if such recognition is manifestly contrary to public policy of the requested State, taking into account the best interests of the child;(e)if the measure is incompatible with a later measure taken in the non-Contracting State of the habitual residence of the child, where this later measure fulfils the requirements for recognition in the requested State;(f)if the procedure provided in Article 33 has not been complied with.Article 24
Without prejudice to Article 23, paragraph 1, any interested person may request from the competent authorities of a Contracting State that they decide on the recognition or non-recognition of a measure taken in another Contracting State. The procedure is governed by the law of the requested State.Article 25
The authority of the requested State is bound by the findings of fact on which the authority of the State where the measure was taken based its jurisdiction.Article 26
(1)If measures taken in one Contracting State and enforceable there require enforcement in another Contracting State, they shall, upon request by an interested party, be declared enforceable or registered for the purpose of enforcement in that other State according to the procedure provided in the law of the latter State.(2)Each Contracting State shall apply to the declaration of enforceability or registration a simple and rapid procedure.(3)The declaration of enforceability or registration may be refused only for one of the reasons set out in Article 23, paragraph 2.Article 27
Without prejudice to such review as is necessary in the application of the preceding Articles, there shall be no review of the merits of the measure taken.Article 28
Measures taken in one Contracting State and declared enforceable, or registered for the purpose of enforcement, in another Contracting State shall be enforced in the latter State as if they had been taken by the authorities of that State. Enforcement takes place in accordance with the law of the requested State to the extent provided by such law, taking into consideration the best interests of the child.Chapter V
CO-OPERATION
Article 29
(1)A Contracting State shall designate a Central Authority to discharge the duties which are imposed by the Convention on such authorities.(2)Federal States, States with more than one system of law or States having autonomous territorial units shall be free to appoint more than one Central Authority and to specify the territorial or personal extent of their functions. Where a State has appointed more than one Central Authority, it shall designate the Central Authority to which any communication may be addressed for transmission to the appropriate Central Authority within that State.Article 30
(1)Central Authorities shall co-operate with each other and promote co-operation amongst the competent authorities in their States to achieve the purposes of the Convention.(2)They shall, in connection with the application of the Convention, take appropriate steps to provide information as to the laws of, and services available in, their States relating to the protection of children.Article 31
The Central Authority of a Contracting State, either directly or through public authorities or other bodies, shall take all appropriate steps to -(a)facilitate the communications and offer the assistance provided for in Articles 8 and 9 and in this Chapter;(b)facilitate, by mediation, conciliation or similar means, agreed solutions for the protection of the person or property of the child in situations to which the Convention applies;(c)provide, on the request of a competent authority of another Contracting State, assistance in discovering the whereabouts of a child where it appears that the child may be present and in need of protection within the territory of the requested State.Article 32
On a request made with supporting reasons by the Central Authority or other competent authority of any Contracting State with which the child has a substantial connection, the Central Authority of the Contracting State in which the child is habitually resident and present may, directly or through public authorities or other bodies,(a)provide a report on the situation of the child;(b)request the competent authority of its State to consider the need to take measures for the protection of the person or property of the child.Article 33
(1)If an authority having jurisdiction under Articles 5 to 10 contemplates the placement of the child in a foster family or institutional care, or the provision of care by kafala or an analogous institution, and if such placement or such provision of care is to take place in another Contracting State, it shall first consult with the Central Authority or other competent authority of the latter State. To that effect it shall transmit a report on the child together with the reasons for the proposed placement or provision of care.(2)The decision on the placement or provision of care may be made in the requesting State only if the Central Authority or other competent authority of the requested State has consented to the placement or provision of care, taking into account the child’s best interests.Article 34
(1)Where a measure of protection is contemplated, the competent authorities under the Convention, if the situation of the child so requires, may request any authority of another Contracting State which has information relevant to the protection of the child to communicate such information.(2)A Contracting State may declare that requests under paragraph 1 shall be communicated to its authorities only through its Central Authority.Article 35
(1)The competent authorities of a Contracting State may request the authorities of another Contracting State to assist in the implementation of measures of protection taken under this Convention, especially in securing the effective exercise of rights of access as well as of the right to maintain direct contacts on a regular basis.(2)The authorities of a Contracting State in which the child does not habitually reside may, on the request of a parent residing in that State who is seeking to obtain or to maintain access to the child, gather information or evidence and may make a finding on the suitability of that parent to exercise access and on the conditions under which access is to be exercised. An authority exercising jurisdiction under Articles 5 to 10 to determine an application concerning access to the child, shall admit and consider such information, evidence and finding before reaching its decision.(3)An authority having jurisdiction under Articles 5 to 10 to decide on access may adjourn a proceeding pending the outcome of a request made under paragraph 2, in particular, when it is considering an application to restrict or terminate access rights granted in the State of the child’s former habitual residence.(4)Nothing in this Article shall prevent an authority having jurisdiction under Articles 5 to 10 from taking provisional measures pending the outcome of the request made under paragraph 2.Article 36
In any case where the child is exposed to a serious danger, the competent authorities of the Contracting State where measures for the protection of the child have been taken or are under consideration, if they are informed that the child’s residence has changed to, or that the child is present in another State, shall inform the authorities of that other State about the danger involved and the measures taken or under consideration.Article 37
An authority shall not request or transmit any information under this Chapter if to do so would, in its opinion, be likely to place the child’s person or property in danger, or constitute a serious threat to the liberty or life of a member of the child’s family.Article 38
(1)Without prejudice to the possibility of imposing reasonable charges for the provision of services, Central Authorities and other public authorities of Contracting States shall bear their own costs in applying the provisions of this Chapter.(2)Any Contracting State may enter into agreements with one or more other Contracting States concerning the allocation of charges.Article 39
Any Contracting State may enter into agreements with one or more other Contracting States with a view to improving the application of this Chapter in their mutual relations. The States which have concluded such an agreement shall transmit a copy to the depositary of the Convention.Chapter VI
GENERAL PROVISIONS
Article 40
(1)The authorities of the Contracting State of the child’s habitual residence, or of the Contracting State where a measure of protection has been taken, may deliver to the person having parental responsibility or to the person entrusted with protection of the child’s person or property, at his or her request, a certificate indicating the capacity in which that person is entitled to act and the powers conferred upon him or her.(2)The capacity and powers indicated in the certificate are presumed to be vested in that person, in the absence of proof to the contrary.(3)Each Contracting State shall designate the authorities competent to draw up the certificate.Article 41
Personal data gathered or transmitted under the Convention shall be used only for the purposes for which they were gathered or transmitted.Article 42
The authorities to whom information is transmitted shall ensure its confidentiality, in accordance with the law of their State.Article 43
All documents forwarded or delivered under this Convention shall be exempt from legalisation or any analogous formality.Article 44
Each Contracting State may designate the authorities to which requests under Articles 8, 9 and 33 are to be addressed.Article 45
(1)The designations referred to in Articles 29 and 44 shall be communicated to the Permanent Bureau of the Hague Conference on Private International Law.(2)The declaration referred to in Article 34, paragraph 2, shall be made to the depositary of the Convention.Article 46
A Contracting State in which different systems of law or sets of rules of law apply to the protection of the child and his or her property shall not be bound to apply the rules of the Convention to conflicts solely between such different systems or sets of rules of law.Article 47
In relation to a State in which two or more systems of law or sets of rules of law with regard to any matter dealt with in this Convention apply in different territorial units -(1)any reference to habitual residence in that State shall be construed as referring to habitual residence in a territorial unit;(2)any reference to the presence of the child in that State shall be construed as referring to presence in a territorial unit;(3)any reference to the location of property of the child in that State shall be construed as referring to location of property of the child in a territorial unit;(4)any reference to the State of which the child is a national shall be construed as referring to the territorial unit designated by the law of that State or, in the absence of relevant rules, to the territorial unit with which the child has the closest connection;(5)any reference to the State whose authorities are seised of an application for divorce or legal separation of the child’s parents, or for annulment of their marriage, shall be construed as referring to the territorial unit whose authorities are seised of such application;(6)any reference to the State with which the child has a substantial connection shall be construed as referring to the territorial unit with which the child has such connection;(7)any reference to the State to which the child has been removed or in which he or she has been retained shall be construed as referring to the relevant territorial unit to which the child has been removed or in which he or she has been retained;(8)any reference to bodies or authorities of that State, other than Central Authorities, shall be construed as referring to those authorised to act in the relevant territorial unit;(9)any reference to the law or procedure or authority of the State in which a measure has been taken shall be construed as referring to the law or procedure or authority of the territorial unit in which such measure was taken;(10)any reference to the law or procedure or authority of the requested State shall be construed as referring to the law or procedure or authority of the territorial unit in which recognition or enforcement is sought.Article 48
For the purpose of identifying the applicable law under Chapter III, in relation to a State which comprises two or more territorial units each of which has its own system of law or set of rules of law in respect of matters covered by this Convention, the following rules apply -(a)if there are rules in force in such a State identifying which territorial unit’s law is applicable, the law of that unit applies;(b)in the absence of such rules, the law of the relevant territorial unit as defined in Article 47 applies.Article 49
For the purpose of identifying the applicable law under Chapter III, in relation to a State which has two or more systems of law or sets of rules of law applicable to different categories of persons in respect of matters covered by this Convention, the following rules apply -(a)if there are rules in force in such a State identifying which among such laws applies, that law applies;(b)in the absence of such rules, the law of the system or the set of rules of law with which the child has the closest connection applies.Article 50
This Convention shall not affect the application of the Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, as between Parties to both Conventions. Nothing, however, precludes provisions of this Convention from being invoked for the purposes of obtaining the return of a child who has been wrongfully removed or retained or of organising access rights.Article 51
In relations between the Contracting States this Convention replaces the Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the protection of minors, and the Convention governing the guardianship of minors, signed at The Hague 12 June 1902, without prejudice to the recognition of measures taken under the Convention of 5 October 1961 mentioned above.Article 52
(1)This Convention does not affect any international instrument to which Contracting States are Parties and which contains provisions on matters governed by the Convention, unless a contrary declaration is made by the States Parties to such instrument.(2)This Convention does not affect the possibility for one or more Contracting States to conclude agreements which contain, in respect of children habitually resident in any of the States Parties to such agreements, provisions on matters governed by this Convention.(3)Agreements to be concluded by one or more Contracting States on matters within the scope of this Convention do not affect, in the relationship of such States with other Contracting States, the application of the provisions of this Convention.(4)The preceding paragraphs also apply to uniform laws based on special ties of a regional or other nature between the States concerned.Article 53
(1)The Convention shall apply to measures only if they are taken in a State after the Convention has entered into force for that State.(2)The Convention shall apply to the recognition and enforcement of measures taken after its entry into force as between the State where the measures have been taken and the requested State.Article 54
(1)Any communication sent to the Central Authority or to another authority of a Contracting State shall be in the original language, and shall be accompanied by a translation into the official language or one of the official languages of the other State or, where that is not feasible, a translation into French or English.(2)However, a Contracting State may, by making a reservation in accordance with Article 60, object to the use of either French or English, but not both.Article 55
(1)A Contracting State may, in accordance with Article 60,(a)reserve the jurisdiction of its authorities to take measures directed to the protection of property of a child situated on its territory;(b)reserve the right not to recognise any parental responsibility or measure in so far as it is incompatible with any measure taken by its authorities in relation to that property.(2)The reservation may be restricted to certain categories of property.Article 56
The Secretary General of the Hague Conference on Private International Law shall at regular intervals convoke a Special Commission in order to review the practical operation of the Convention.Chapter VII
FINAL CLAUSES
Article 57
(1)The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Eighteenth Session.(2)It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention.Article 58
(1)Any other State may accede to the Convention after it has entered into force in accordance with Article 61, paragraph 1.(2)The instrument of accession shall be deposited with the depositary.(3)Such accession shall have effect only as regards the relations between the acceding State and those Contracting States which have not raised an objection to its accession in the six months after the receipt of the notification referred to in sub-paragraph b of Article 63. Such an objection may also be raised by States at the time when they ratify, accept or approve the Convention after an accession. Any such objection shall be notified to the depositary.Article 59
(1)If a State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that the Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.(2)Any such declaration shall be notified to the depositary and shall state expressly the territorial units to which the Convention applies.(3)If a State makes no declaration under this Article, the Convention is to extend to all territorial units of that State.Article 60
(1)Any State may, not later than the time of ratification, acceptance, approval or accession, or at the time of making a declaration in terms of Article 59, make one or both of the reservations provided for in Articles 54, paragraph 2, and 55. No other reservation shall be permitted.(2)Any State may at any time withdraw a reservation it has made. The withdrawal shall be notified to the depositary.(3)The reservation shall cease to have effect on the first day of the third calendar month after the notification referred to in the preceding paragraph.Article 61
(1)The Convention shall enter into force on the first day of the month following the expiration of three months after the deposit of the third instrument of ratification, acceptance or approval referred to in Article 57.(2)Thereafter the Convention shall enter into force -(a)for each State ratifying, accepting or approving it subsequently, on the first day of the month following the expiration of three months after the deposit of its instrument of ratification, acceptance, approval or accession;(b)for each State acceding, on the first day of the month following the expiration of three months after the expiration of the period of six months provided in Article 58, paragraph 3;(c)for a territorial unit to which the Convention has been extended in conformity with Article 59, on the first day of the month following the expiration of three months after the notification referred to in that Article.Article 62
(1)A State Party to the Convention may denounce it by a notification in writing addressed to the depositary. The denunciation may be limited to certain territorial units to which the Convention applies.(2)The denunciation takes effect on the first day of the month following the expiration of twelve months after the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation takes effect upon the expiration of such longer period.Article 63
The depositary shall notify the States Members of the Hague Conference on Private International Law and the States which have acceded in accordance with Article 58 of the following -(a)the signatures, ratifications, acceptances and approvals referred to in Article 57;(b)the accessions and objections raised to accessions referred to in Article 58;(c)the date on which the Convention enters into force in accordance with Article 61;(d)the declarations referred to in Articles 34, paragraph 2, and 59;(e)the agreements referred to in Article 39;(f)the reservations referred to in Articles 54, paragraph 2, and 55 and the withdrawals referred to in Article 60, paragraph 2;(g)the denunciations referred to in Article 62.IN WITNESS WHEREOF THE UNDERSIGNED, BEING DULY AUTHORISED THERETO, HAVE SIGNED THIS CONVENTION.Done at The Hague, on the 19th day of October 1996, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the States Members of the Hague Conference on Private International Law at the date of its Eighteenth Session.Schedule 8
TEXT OF THE HAGUE CONVENTION ON THE INTERNATIONAL RECOVERY OF CHILD SUPPORT AND OTHER FORMS OF FAMILY MAINTENANCEThe States signatory to the present Convention,DESIRING to improve co-operation among States for the international recovery of child support and other forms of family maintenance,AWARE of the need for procedures which produce results and are accessible, prompt, efficient, cost-effective, responsive and fair,WISHING to build upon the best features of existing Hague Conventions and other international instruments, in particular the United Nations Convention on the Recovery Abroad of Maintenance of 20 June 1956,SEEKING to take advantage of advances in technologies and to create a flexible system which can continue to evolve as needs change and further advances in technology create new opportunities,RECALLING that, in accordance with Articles 3 and 27 of the United Nations Convention on the Rights of the Child of 20 November 1989,- in all actions concerning children the best interests of the child shall be a primary consideration,- every child has a right to a standard of living adequate for the child’s physical, mental, spiritual, moral and social development,- the parent(s) or others responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the conditions of living necessary for the child’s development, and- States Parties should take all appropriate measures, including the conclusion of international agreements, to secure the recovery of maintenance for the child from the parent(s) or other responsible persons, in particular where such persons live in a State different from that of the child,HAVE RESOLVED TO CONCLUDE THIS CONVENTION AND HAVE AGREED UPON THE FOLLOWING PROVISIONS -Chapter I
OBJECT, SCOPE AND DEFINITIONS
Article 1 – Object
The object of the present Convention is to ensure the effective international recovery of child support and other forms of family maintenance, in particular by -(a)establishing a comprehensive system of co-operation between the authorities of the Contracting States;(b)making available applications for the establishment of maintenance decisions;(c)providing for the recognition and enforcement of maintenance decisions; and(d)requiring effective measures for the prompt enforcement of maintenance decisions.Article 2 – Scope
(1)This Convention shall apply -(a)to maintenance obligations arising from a parent-child relationship towards a person under the age of 21 years;(b)to recognition and enforcement or enforcement of a decision for spousal support when the application is made with a claim within the scope of sub-paragraph a); and(c)with the exception of Chapters II and III, to spousal support.(2)Any Contracting State may reserve, in accordance with Article 62, the right to limit the application of the Convention under sub-paragraph 1 a), to persons who have not attained the age of 18 years. A Contracting State which makes this reservation shall not be entitled to claim the application of the Convention to persons of the age excluded by its reservation.(3)Any Contracting State may declare in accordance with Article 63 that it will extend the application of the whole or any part of the Convention to any maintenance obligation arising from a family relationship, parentage, marriage or affinity, including in particular obligations in respect of vulnerable persons. Any such declaration shall give rise to obligations between two Contracting States only in so far as their declarations cover the same maintenance obligations and parts of the Convention.(4)The provisions of this Convention shall apply to children regardless of the marital status of the parents.Article 3 – Definitions
For the purposes of this Convention -(a)“creditor” means an individual to whom maintenance is owed or is alleged to be owed;(b)“debtor” means an individual who owes or who is alleged to owe maintenance;(c)“legal assistance” means the assistance necessary to enable applicants to know and assert their rights and to ensure that applications are fully and effectively dealt with in the requested State. The means of providing such assistance may include as necessary legal advice, assistance in bringing a case before an authority, legal representation and exemption from costs of proceedings;(d)“agreement in writing” means an agreement recorded in any medium, the information contained in which is accessible so as to be usable for subsequent reference;(e)“maintenance arrangement” means an agreement in writing relating to the payment of maintenance which -i) has been formally drawn up or registered as an authentic instrument by a competent authority; orii) has been authenticated by, or concluded, registered or filed with a competent authority, and may be the subject of review and modification by a competent authority;(f)“vulnerable person” means a person who, by reason of an impairment or insufficiency of his or her personal faculties, is not able to support him or herself.Chapter II
ADMINISTRATIVE CO-OPERATION
Article 4 – Designation of Central Authorities
(1)A Contracting State shall designate a Central Authority to discharge the duties that are imposed by the Convention on such an authority.(2)Federal States, States with more than one system of law or States having autonomous territorial units shall be free to appoint more than one Central Authority and shall specify the territorial or personal extent of their functions. Where a State has appointed more than one Central Authority, it shall designate the Central Authority to which any communication may be addressed for transmission to the appropriate Central Authority within that State.(3)The designation of the Central Authority or Central Authorities, their contact details, and where appropriate the extent of their functions as specified in paragraph 2, shall be communicated by a Contracting State to the Permanent Bureau of the Hague Conference on Private International Law at the time when the instrument of ratification or accession is deposited or when a declaration is submitted in accordance with Article 61.Contracting States shall promptly inform the Permanent Bureau of any changes.Article 5 – General functions of Central Authorities
(1)Central Authorities shall -(a)co-operate with each other and promote co-operation amongst the competent authorities in their States to achieve the purposes of the Convention;(b)seek as far as possible solutions to difficulties which arise in the application of the Convention.Article 6 – Specific functions of Central Authorities
(1)Central Authorities shall provide assistance in relation to applications under ChapterIII. In particular they shall -(a)transmit and receive such applications;(b)initiate or facilitate the institution of proceedings in respect of such applications.(2)In relation to such applications they shall take all appropriate measures -(a)where the circumstances require, to provide or facilitate the provision of legal assistance;(b)to help locate the debtor or the creditor;(c)to help obtain relevant information concerning the income and, if necessary, other financial circumstances of the debtor or creditor, including the location of assets;(d)to encourage amicable solutions with a view to obtaining voluntary payment of maintenance, where suitable by use of mediation, conciliation or similar processes;(e)to facilitate the ongoing enforcement of maintenance decisions, including any arrears;(f)to facilitate the collection and expeditious transfer of maintenance payments;(g)to facilitate the obtaining of documentary or other evidence;(h)to provide assistance in establishing parentage where necessary for the recovery of maintenance;(i)to initiate or facilitate the institution of proceedings to obtain any necessary provisional measures that are territorial in nature and the purpose of which is to secure the outcome of a pending maintenance application;(j)to facilitate service of documents.(3)The functions of the Central Authority under this Article may, to the extent permitted under the law of its State, be performed by public bodies, or other bodies subject to the supervision of the competent authorities of that State. The designation of any such public bodies or other bodies, as well as their contact details and the extent of their functions, shall be communicated by a Contracting State to the Permanent Bureau of the Hague Conference on Private International Law. Contracting States shall promptly inform the Permanent Bureau of any changes.(4)Nothing in this Article or Article 7 shall be interpreted as imposing an obligation on a Central Authority to exercise powers that can be exercised only by judicial authorities under the law of the requested State.Article 7 – Requests for specific measures
(1)A Central Authority may make a request, supported by reasons, to another Central Authority to take appropriate specific measures under Article 6(2) b), c), g), h), i) and j) when no application under Article 10 is pending. The requested Central Authority shall take such measures as are appropriate if satisfied that they are necessary to assist a potential applicant in making an application under Article 10 or in determining whether such an application should be initiated.(2)A Central Authority may also take specific measures on the request of another Central Authority in relation to a case having an international element concerning the recovery of maintenance pending in the requesting State.Article 8 – Central Authority costs
(1)Each Central Authority shall bear its own costs in applying this Convention.(2)Central Authorities may not impose any charge on an applicant for the provision of their services under the Convention save for exceptional costs arising from a request for a specific measure under Article 7.(3)The requested Central Authority may not recover the costs of the services referred to in paragraph 2 without the prior consent of the applicant to the provision of those services at such cost.Chapter III
APPLICATIONS THROUGH CENTRAL AUTHORITIES
Article 9 – Application through Central Authorities
An application under this Chapter shall be made through the Central Authority of the Contracting State in which the applicant resides to the Central Authority of the requested State. For the purpose of this provision, residence excludes mere presence.Article 10 – Available applications
(1)The following categories of application shall be available to a creditor in a requesting State seeking to recover maintenance under this Convention -(a)recognition or recognition and enforcement of a decision;(b)enforcement of a decision made or recognised in the requested State;(c)establishment of a decision in the requested State where there is no existing decision, including where necessary the establishment of parentage;(d)establishment of a decision in the requested State where recognition and enforcement of a decision is not possible, or is refused, because of the lack of a basis for recognition and enforcement under Article 20, or on the grounds specified in Article 22 b) or e);(e)modification of a decision made in the requested State;(f)modification of a decision made in a State other than the requested State.(2)The following categories of application shall be available to a debtor in a requesting State against whom there is an existing maintenance decision -(a)recognition of a decision, or an equivalent procedure leading to the suspension, or limiting the enforcement, of a previous decision in the requested State;(b)modification of a decision made in the requested State;(c)modification of a decision made in a State other than the requested State.(3)Save as otherwise provided in this Convention, the applications in paragraphs 1 and 2 shall be determined under the law of the requested State, and applications in paragraphs 1 c) to f) and 2 b) and c) shall be subject to the jurisdictional rules applicable in the requested State.Article 11 – Application contents
(1)All applications under Article 10 shall as a minimum include -(a)a statement of the nature of the application or applications;(b)the name and contact details, including the address and date of birth of the applicant;(c)the name and, if known, address and date of birth of the respondent;(d)the name and date of birth of any person for whom maintenance is sought;(e)the grounds upon which the application is based;(f)in an application by a creditor, information concerning where the maintenance payment should be sent or electronically transmitted;(g)save in an application under Article 10(1) a) and (2) a), any information or document specified by declaration in accordance with Article 63 by the requested State;(h)the name and contact details of the person or unit from the Central Authority of the requesting State responsible for processing the application.(2)As appropriate, and to the extent known, the application shall in addition in particular include -(a)the financial circumstances of the creditor;(b)the financial circumstances of the debtor, including the name and address of the employer of the debtor and the nature and location of the assets of the debtor;(c)any other information that may assist with the location of the respondent.(3)The application shall be accompanied by any necessary supporting information or documentation including documentation concerning the entitlement of the applicant to free legal assistance. In the case of applications under Article 10(1) a) and (2) a), the application shall be accompanied only by the documents listed in Article 25.(4)An application under Article 10 may be made in the form recommended and published by the Hague Conference on Private International Law.Article 12 – Transmission, receipt and processing of applications and cases through Central Authorities
(1)The Central Authority of the requesting State shall assist the applicant in ensuring that the application is accompanied by all the information and documents known by it to be necessary for consideration of the application.(2)The Central Authority of the requesting State shall, when satisfied that the application complies with the requirements of the Convention, transmit the application on behalf of and with the consent of the applicant to the Central Authority of the requested State. The application shall be accompanied by the transmittal form set out in Annex 1. The Central Authority of the requesting State shall, when requested by the Central Authority of the requested State, provide a complete copy certified by the competent authority in the State of origin of any document specified under Articles 16(3), 25(1) a), b) and d) and (3) b) and 30(3).(3)The requested Central Authority shall, within six weeks from the date of receipt of the application, acknowledge receipt in the form set out in Annex 2, and inform the Central Authority of the requesting State what initial steps have been or will be taken to deal with the application, and may request any further necessary documents and information. Within the same six-week period, the requested Central Authority shall provide to the requesting Central Authority the name and contact details of the person or unit responsible for responding to inquiries regarding the progress of the application.(4)Within three months after the acknowledgement, the requested Central Authority shall inform the requesting Central Authority of the status of the application.(5)Requesting and requested Central Authorities shall keep each other informed of -(a)the person or unit responsible for a particular case;(b)the progress of the case,and shall provide timely responses to enquiries.(6)Central Authorities shall process a case as quickly as a proper consideration of the issues will allow.(7)Central Authorities shall employ the most rapid and efficient means of communication at their disposal.(8)A requested Central Authority may refuse to process an application only if it is manifest that the requirements of the Convention are not fulfilled. In such case, that Central Authority shall promptly inform the requesting Central Authority of its reasons for refusal.(9)The requested Central Authority may not reject an application solely on the basis that additional documents or information are needed. However, the requested Central Authority may ask the requesting Central Authority to provide these additional documents or information. If the requesting Central Authority does not do so within three months or a longer period specified by the requested Central Authority, the requested Central Authority may decide that it will no longer process the application. In this case, it shall inform the requesting Central Authority of this decision.Article 13 – Means of communication
Any application made through Central Authorities of the Contracting States in accordance with this Chapter, and any document or information appended thereto or provided by a Central Authority, may not be challenged by the respondent by reason only of the medium or means of communication employed between the Central Authorities concerned.Article 14 – Effective access to procedures
(1)The requested State shall provide applicants with effective access to procedures, including enforcement and appeal procedures, arising from applications under this Chapter.(2)To provide such effective access, the requested State shall provide free legal assistance in accordance with Articles 14 to 17 unless paragraph 3 applies.(3)The requested State shall not be obliged to provide such free legal assistance if and to the extent that the procedures of that State enable the applicant to make the case without the need for such assistance, and the Central Authority provides such services as are necessary free of charge.(4)Entitlements to free legal assistance shall not be less than those available in equivalent domestic cases.(5)No security, bond or deposit, however described, shall be required to guarantee the payment of costs and expenses in proceedings under the Convention.Article 15 – Free legal assistance for child support applications
(1)The requested State shall provide free legal assistance in respect of all applications by a creditor under this Chapter concerning maintenance obligations arising from a parent-child relationship towards a person under the age of 21 years.(2)Notwithstanding paragraph 1, the requested State may, in relation to applications other than those under Article 10(1) a) and b) and the cases covered by Article 20(4), refuse free legal assistance if it considers that, on the merits, the application or any appeal is manifestly unfounded.Article 16 – Declaration to permit use of child-centred means test
(1)Notwithstanding Article 15(1), a State may declare, in accordance with Article 63, that it will provide free legal assistance in respect of applications other than under Article 10(1) a) and b) and the cases covered by Article 20(4), subject to a test based on an assessment of the means of the child.(2)A State shall, at the time of making such a declaration, provide information to the Permanent Bureau of the Hague Conference on Private International Law concerning the manner in which the assessment of the child’s means will be carried out, including the financial criteria which would need to be met to satisfy the test.(3)An application referred to in paragraph 1, addressed to a State which has made the declaration referred to in that paragraph, shall include a formal attestation by the applicant stating that the child’s means meet the criteria referred to in paragraph 2. The requested State may only request further evidence of the child’s means if it has reasonable grounds to believe that the information provided by the applicant is inaccurate.(4)If the most favourable legal assistance provided for by the law of the requested State in respect of applications under this Chapter concerning maintenance obligations arising from a parent-child relationship towards a child is more favourable than that provided for under paragraphs 1 to 3, the most favourable legal assistance shall be provided.Article 17 – Applications not qualifying under Article 15 or Article 16
In the case of all applications under this Convention other than those under Article 15 or Article 16 -(a)the provision of free legal assistance may be made subject to a means or a merits test;(b)an applicant, who in the State of origin has benefited from free legal assistance, shall be entitled, in any proceedings for recognition or enforcement, to benefit, at least to the same extent, from free legal assistance as provided for by the law of the State addressed under the same circumstances.Chapter IV
RESTRICTIONS ON BRINGING PROCEEDINGS
Article 18 – Limit on proceedings
(1)Where a decision is made in a Contracting State where the creditor is habitually resident, proceedings to modify the decision or to make a new decision cannot be brought by the debtor in any other Contracting State as long as the creditor remains habitually resident in the State where the decision was made.(2)Paragraph 1 shall not apply -(a)where, except in disputes relating to maintenance obligations in respect of children, there is agreement in writing between the parties to the jurisdiction of that other Contracting State;(b)where the creditor submits to the jurisdiction of that other Contracting State either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity;(c)where the competent authority in the State of origin cannot, or refuses to, exercise jurisdiction to modify the decision or make a new decision; or(d)where the decision made in the State of origin cannot be recognised or declared enforceable in the Contracting State where proceedings to modify the decision or make a new decision are contemplated.Chapter V
RECOGNITION AND ENFORCEMENT
Article 19 – Scope of the Chapter
(1)This Chapter shall apply to a decision rendered by a judicial or administrative authority in respect of a maintenance obligation. The term “decision” also includes a settlement or agreement concluded before or approved by such an authority. A decision may include automatic adjustment by indexation and a requirement to pay arrears, retroactive maintenance or interest and a determination of costs or expenses.(2)If a decision does not relate solely to a maintenance obligation, the effect of this Chapter is limited to the parts of the decision which concern maintenance obligations.(3)For the purpose of paragraph 1, “administrative authority” means a public body whose decisions, under the law of the State where it is established -(a)may be made the subject of an appeal to or review by a judicial authority; and(b)have a similar force and effect to a decision of a judicial authority on the same matter.(4)This Chapter also applies to maintenance arrangements in accordance with Article 30.(5)The provisions of this Chapter shall apply to a request for recognition and enforcement made directly to a competent authority of the State addressed in accordance with Article 37.Article 20 – Bases for recognition and enforcement
(1)A decision made in one Contracting State (“the State of origin”) shall be recognised and enforced in other Contracting States if -(a)the respondent was habitually resident in the State of origin at the time proceedings were instituted;(b)the respondent has submitted to the jurisdiction either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity;(c)the creditor was habitually resident in the State of origin at the time proceedings were instituted;(d)the child for whom maintenance was ordered was habitually resident in the State of origin at the time proceedings were instituted, provided that the respondent has lived with the child in that State or has resided in that State and provided support for the child there;(e)except in disputes relating to maintenance obligations in respect of children, there has been agreement to the jurisdiction in writing by the parties; or(f)the decision was made by an authority exercising jurisdiction on a matter of personal status or parental responsibility, unless that jurisdiction was based solely on the nationality of one of the parties.(2)A Contracting State may make a reservation, in accordance with Article 62, in respect of paragraph 1 c), e) or f).(3)A Contracting State making a reservation under paragraph 2 shall recognise and enforce a decision if its law would in similar factual circumstances confer or would have conferred jurisdiction on its authorities to make such a decision.(4)A Contracting State shall, if recognition of a decision is not possible as a result of a reservation under paragraph 2, and if the debtor is habitually resident in that State, take all appropriate measures to establish a decision for the benefit of the creditor. The preceding sentence shall not apply to direct requests for recognition and enforcement under Article 19(5) or to claims for support referred to in Article 2(1) b).(5)A decision in favour of a child under the age of 18 years which cannot be recognised by virtue only of a reservation in respect of paragraph 1 c), e) or f) shall be accepted as establishing the eligibility of that child for maintenance in the State addressed.(6)A decision shall be recognised only if it has effect in the State of origin, and shall be enforced only if it is enforceable in the State of origin.Article 21 – Severability and partial recognition and enforcement
(1)If the State addressed is unable to recognise or enforce the whole of the decision, it shall recognise or enforce any severable part of the decision which can be so recognised or enforced.(2)Partial recognition or enforcement of a decision can always be applied for.Article 22 – Grounds for refusing recognition and enforcement
Recognition and enforcement of a decision may be refused if -(a)recognition and enforcement of the decision is manifestly incompatible with the public policy (“ordre public”) of the State addressed;(b)the decision was obtained by fraud in connection with a matter of procedure;(c)proceedings between the same parties and having the same purpose are pending before an authority of the State addressed and those proceedings were the first to be instituted;(d)the decision is incompatible with a decision rendered between the same parties and having the same purpose, either in the State addressed or in another State, provided that this latter decision fulfils the conditions necessary for its recognition and enforcement in the State addressed;(e)in a case where the respondent has neither appeared nor was represented in proceedings in the State of origin -i) when the law of the State of origin provides for notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; orii) when the law of the State of origin does not provide for notice of the proceedings, the respondent did not have proper notice of the decision and an opportunity to challenge or appeal it on fact and law; or(f)the decision was made in violation of Article 18.Article 23 – Procedure on an application for recognition and enforcement
(1)Subject to the provisions of the Convention, the procedures for recognition and enforcement shall be governed by the law of the State addressed.(2)Where an application for recognition and enforcement of a decision has been made through Central Authorities in accordance with Chapter III, the requested Central Authority shall promptly either -(a)refer the application to the competent authority which shall without delay declare the decision enforceable or register the decision for enforcement; or(b)if it is the competent authority take such steps itself.(3)Where the request is made directly to a competent authority in the State addressed in accordance with Article 19(5), that authority shall without delay declare the decision enforceable or register the decision for enforcement.(4)A declaration or registration may be refused only on the ground set out in Article 22 a). At this stage neither the applicant nor the respondent is entitled to make any submissions.(5)The applicant and the respondent shall be promptly notified of the declaration or registration, made under paragraphs 2 and 3, or the refusal thereof in accordance with paragraph 4, and may bring a challenge or appeal on fact and on a point of law.(6)A challenge or an appeal is to be lodged within 30 days of notification under paragraph 5. If the contesting party is not resident in the Contracting State in which the declaration or registration was made or refused, the challenge or appeal shall be lodged within 60 days of notification.(7)A challenge or appeal may be founded only on the following -(a)the grounds for refusing recognition and enforcement set out in Article 22;(b)the bases for recognition and enforcement under Article 20;(c)the authenticity or integrity of any document transmitted in accordance with Article 25(1) a), b) or d) or (3) b).(8)A challenge or an appeal by a respondent may also be founded on the fulfilment of the debt to the extent that the recognition and enforcement relates to payments that fell due in the past.(9)The applicant and the respondent shall be promptly notified of the decision following the challenge or the appeal.(10)A further appeal, if permitted by the law of the State addressed, shall not have the effect of staying the enforcement of the decision unless there are exceptional circumstances.(11)In taking any decision on recognition and enforcement, including any appeal, the competent authority shall act expeditiously.Article 24 – Alternative procedure on an application for recognition and enforcement
(1)Notwithstanding Article 23(2) to (11), a State may declare, in accordance with Article 63, that it will apply the procedure for recognition and enforcement set out in this Article.(2)Where an application for recognition and enforcement of a decision has been made through Central Authorities in accordance with Chapter III, the requested Central Authority shall promptly either -(a)refer the application to the competent authority which shall decide on the application for recognition and enforcement; or(b)if it is the competent authority, take such a decision itself.(3)A decision on recognition and enforcement shall be given by the competent authority after the respondent has been duly and promptly notified of the proceedings and both parties have been given an adequate opportunity to be heard.(4)The competent authority may review the grounds for refusing recognition and enforcement set out in Article 22 (a), (c) and (d) of its own motion. It may review any grounds listed in Articles 20, 22 and 23(7) (c) if raised by the respondent or if concerns relating to those grounds arise from the face of the documents submitted in accordance with Article 25.(5)A refusal of recognition and enforcement may also be founded on the fulfilment of the debt to the extent that the recognition and enforcement relates to payments that fell due in the past.(6)Any appeal, if permitted by the law of the State addressed, shall not have the effect of staying the enforcement of the decision unless there are exceptional circumstances.(7)In taking any decision on recognition and enforcement, including any appeal, the competent authority shall act expeditiously.Article 25 – Documents
(1)An application for recognition and enforcement under Article 23 or Article 24 shall be accompanied by the following -(a)a complete text of the decision;(b)a document stating that the decision is enforceable in the State of origin and, in the case of a decision by an administrative authority, a document stating that the requirements of Article 19(3) are met unless that State has specified in accordance with Article 57 that decisions of its administrative authorities always meet those requirements;(c)if the respondent did not appear and was not represented in the proceedings in the State of origin, a document or documents attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard, or that the respondent had proper notice of the decision and the opportunity to challenge or appeal it on fact and law;(d)where necessary, a document showing the amount of any arrears and the date such amount was calculated;(e)where necessary, in the case of a decision providing for automatic adjustment by indexation, a document providing the information necessary to make the appropriate calculations;(f)where necessary, documentation showing the extent to which the applicant received free legal assistance in the State of origin.(2)Upon a challenge or appeal under Article 23(7) c) or upon request by the competent authority in the State addressed, a complete copy of the document concerned, certified by the competent authority in the State of origin, shall be provided promptly -(a)by the Central Authority of the requesting State, where the application has been made in accordance with Chapter III;(b)by the applicant, where the request has been made directly to a competent authority of the State addressed.(3)A Contracting State may specify in accordance with Article 57 -(a)that a complete copy of the decision certified by the competent authority in the State of origin must accompany the application;(b)circumstances in which it will accept, in lieu of a complete text of the decision, an abstract or extract of the decision drawn up by the competent authority of the State of origin, which may be made in the form recommended and published by the Hague Conference on Private International Law; or(c)that it does not require a document stating that the requirements of Article 19(3) are met.Article 26 – Procedure on an application for recognition
This Chapter shall apply mutatis mutandis to an application for recognition of a decision, save that the requirement of enforceability is replaced by the requirement that the decision has effect in the State of origin.Article 27 – Findings of fact
Any competent authority of the State addressed shall be bound by the findings of fact on which the authority of the State of origin based its jurisdiction.Article 28 – No review of the merits
There shall be no review by any competent authority of the State addressed of the merits of a decision.Article 29 – Physical presence of the child or the applicant not required
The physical presence of the child or the applicant shall not be required in any proceedings in the State addressed under this Chapter.Article 30 – Maintenance arrangements
(1)A maintenance arrangement made in a Contracting State shall be entitled to recognition and enforcement as a decision under this Chapter provided that it is enforceable as a decision in the State of origin.(2)For the purpose of Article 10(1) a) and b) and (2) a), the term “decision” includes a maintenance arrangement.(3)An application for recognition and enforcement of a maintenance arrangement shall be accompanied by the following -(a)a complete text of the maintenance arrangement; and(b)a document stating that the particular maintenance arrangement is enforceable as a decision in the State of origin.(4)Recognition and enforcement of a maintenance arrangement may be refused if -(a)the recognition and enforcement is manifestly incompatible with the public policy of the State addressed;(b)the maintenance arrangement was obtained by fraud or falsification;(c)the maintenance arrangement is incompatible with a decision rendered between the same parties and having the same purpose, either in the State addressed or in another State, provided that this latter decision fulfils the conditions necessary for its recognition and enforcement in the State addressed.(5)The provisions of this Chapter, with the exception of Articles 20, 22, 23(7) and 25(1) and (3), shall apply mutatis mutandis to the recognition and enforcement of a maintenance arrangement save that -(a)a declaration or registration in accordance with Article 23(2) and (3) may be refused only on the ground set out in paragraph 4 a);(b)a challenge or appeal as referred to in Article 23(6) may be founded only on the following-(i)the grounds for refusing recognition and enforcement set out in paragraph 4;(ii)the authenticity or integrity of any document transmitted in accordance with paragraph 3;(c)as regards the procedure under Article 24(4), the competent authority may review of its own motion the ground for refusing recognition and enforcement set out in paragraph 4 a) of this Article. It may review all grounds listed in paragraph 4 of this Article and the authenticity or integrity of any document transmitted in accordance with paragraph 3 if raised by the respondent or if concerns relating to those grounds arise from the face of those documents.(6)Proceedings for recognition and enforcement of a maintenance arrangement shall be suspended if a challenge concerning the arrangement is pending before a competent authority of a Contracting State.(7)A State may declare, in accordance with Article 63, that applications for recognition and enforcement of a maintenance arrangement shall only be made through Central Authorities.(8)A Contracting State may, in accordance with Article 62, reserve the right not to recognise and enforce a maintenance arrangement.Article 31 – Decisions produced by the combined effect of provisional and confirmation orders
Where a decision is produced by the combined effect of a provisional order made in one State and an order by an authority in another State (“the confirming State”) confirming the provisional order -(a)each of those States shall be deemed for the purposes of this Chapter to be a State of origin;(b)the requirements of Article 22 (e) shall be met if the respondent had proper notice of the proceedings in the confirming State and an opportunity to oppose the confirmation of the provisional order;(c)the requirement of Article 20(6) that a decision be enforceable in the State of origin shall be met if the decision is enforceable in the confirming State; and(d)Article 18 shall not prevent proceedings for the modification of the decision being commenced in either State.Chapter VI
ENFORCEMENT BY THE STATE ADDRESSED
Article 32 – Enforcement under internal law
(1)Subject to the provisions of this Chapter, enforcement shall take place in accordance with the law of the State addressed.(2)Enforcement shall be prompt.(3)In the case of applications through Central Authorities, where a decision has been declared enforceable or registered for enforcement under Chapter V, enforcement shall proceed without the need for further action by the applicant.(4)Effect shall be given to any rules applicable in the State of origin of the decision relating to the duration of the maintenance obligation.(5)Any limitation on the period for which arrears may be enforced shall be determined either by the law of the State of origin of the decision or by the law of the State addressed, whichever provides for the longer limitation period.Article 33 – Non-discrimination
The State addressed shall provide at least the same range of enforcement methods for cases under the Convention as are available in domestic cases.Article 34 – Enforcement measures
(1)Contracting States shall make available in internal law effective measures to enforce decisions under this Convention.(2)Such measures may include -(b)garnishment from bank accounts and other sources;(c)deductions from social security payments;(d)lien on or forced sale of property;(e)tax refund withholding;(f)withholding or attachment of pension benefits;(g)credit bureau reporting;(h)denial, suspension or revocation of various licenses (for example, driving licenses);(i)the use of mediation, conciliation or similar processes to bring about voluntary compliance.Article 35 – Transfer of funds
(1)Contracting States are encouraged to promote, including by means of international agreements, the use of the most cost-effective and efficient methods available to transfer funds payable as maintenance.(2)A Contracting State, under whose law the transfer of funds is restricted, shall accord the highest priority to the transfer of funds payable under this Convention.Chapter VII
PUBLIC BODIES
Article 36 – Public bodies as applicants
(1)For the purposes of applications for recognition and enforcement under Article 10(1) (a) and (b) and cases covered by Article 20(4), “creditor” includes a public body acting in place of an individual to whom maintenance is owed or one to which reimbursement is owed for benefits provided in place of maintenance.(2)The right of a public body to act in place of an individual to whom maintenance is owed or to seek reimbursement of benefits provided to the creditor in place of maintenance shall be governed by the law to which the body is subject.(3)A public body may seek recognition or claim enforcement of -(a)a decision rendered against a debtor on the application of a public body which claims payment of benefits provided in place of maintenance;(b)a decision rendered between a creditor and debtor to the extent of the benefits provided to the creditor in place of maintenance.(4)The public body seeking recognition or claiming enforcement of a decision shall upon request furnish any document necessary to establish its right under paragraph 2 and that benefits have been provided to the creditor.Chapter VIII
GENERAL PROVISIONS
Article 37 – Direct requests to competent authorities
(1)The Convention shall not exclude the possibility of recourse to such procedures as may be available under the internal law of a Contracting State allowing a person (an applicant) to seise directly a competent authority of that State in a matter governed by the Convention including, subject to Article 18, for the purpose of having a maintenance decision established or modified.(2)Articles 14(5) and 17 (b) and the provisions of Chapters V, VI, VII and this Chapter, with the exception of Articles 40(2), 42, 43(3), 44(3), 45 and 55, shall apply in relation to a request for recognition and enforcement made directly to a competent authority in a Contracting State.(3)For the purpose of paragraph 2, Article 2(1) (a) shall apply to a decision granting maintenance to a vulnerable person over the age specified in that sub-paragraph where such decision was rendered before the person reached that age and provided for maintenance beyond that age by reason of the impairment.Article 38 – Protection of personal data
Personal data gathered or transmitted under the Convention shall be used only for the purposes for which they were gathered or transmitted.Article 39 – Confidentiality
Any authority processing information shall ensure its confidentiality in accordance with the law of its State.Article 40 – Non-disclosure of information
(1)An authority shall not disclose or confirm information gathered or transmitted in application of this Convention if it determines that to do so could jeopardise the health, safety or liberty of a person.(2)A determination to this effect made by one Central Authority shall be taken into account by another Central Authority, in particular in cases of family violence.(3)Nothing in this Article shall impede the gathering and transmitting of information by and between authorities in so far as necessary to carry out the obligations under the Convention.Article 41 – No legalisation
No legalisation or similar formality may be required in the context of this Convention.Article 42 – Power of attorney
The Central Authority of the requested State may require a power of attorney from the applicant only if it acts on his or her behalf in judicial proceedings or before other authorities, or in order to designate a representative so to act.Article 43 – Recovery of costs
(1)Recovery of any costs incurred in the application of this Convention shall not take precedence over the recovery of maintenance.(2)A State may recover costs from an unsuccessful party.(3)For the purposes of an application under Article 10(1) b) to recover costs from an unsuccessful party in accordance with paragraph 2, the term “creditor” in Article 10(1) shall include a State.(4)This Article shall be without prejudice to Article 8.Article 44 – Language requirements
(1)Any application and related documents shall be in the original language, and shall be accompanied by a translation into an official language of the requested State or another language which the requested State has indicated, by way of declaration in accordance with Article 63, it will accept, unless the competent authority of that State dispenses with translation.(2)A Contracting State which has more than one official language and cannot, for reasons of internal law, accept for the whole of its territory documents in one of those languages shall, by declaration in accordance with Article 63, specify the language in which such documents or translations thereof shall be drawn up for submission in the specified parts of its territory.(3)Unless otherwise agreed by the Central Authorities, any other communications between such Authorities shall be in an official language of the requested State or in either English or French. However, a Contracting State may, by making a reservation in accordance with Article 62, object to the use of either English or French.Article 45 – Means and costs of translation
(1)In the case of applications under Chapter III, the Central Authorities may agree in an individual case or generally that the translation into an official language of the requested State may be made in the requested State from the original language or from any other agreed language. If there is no agreement and it is not possible for the requesting Central Authority to comply with the requirements of Article 44(1) and (2), then the application and related documents may be transmitted with translation into English or French for further translation into an official language of the requested State.(2)The cost of translation arising from the application of paragraph 1 shall be borne by the requesting State unless otherwise agreed by Central Authorities of the States concerned.(3)Notwithstanding Article 8, the requesting Central Authority may charge an applicant for the costs of translation of an application and related documents, except in so far as those costs may be covered by its system of legal assistance.Article 46 – Non-unified legal systems - interpretation
(1)In relation to a State in which two or more systems of law or sets of rules of law with regard to any matter dealt with in this Convention apply in different territorial units -(a)any reference to the law or procedure of a State shall be construed as referring, where appropriate, to the law or procedure in force in the relevant territorial unit;(b)any reference to a decision established, recognised, recognised and enforced, enforced or modified in that State shall be construed as referring, where appropriate, to a decision established, recognised, recognised and enforced, enforced or modified in the relevant territorial unit;(c)any reference to a judicial or administrative authority in that State shall be construed as referring, where appropriate, to a judicial or administrative authority in the relevant territorial unit;(d)any reference to competent authorities, public bodies, and other bodies of that State, other than Central Authorities, shall be construed as referring, where appropriate, to those authorised to act in the relevant territorial unit;(e)any reference to residence or habitual residence in that State shall be construed as referring, where appropriate, to residence or habitual residence in the relevant territorial unit;(f)any reference to location of assets in that State shall be construed as referring, where appropriate, to the location of assets in the relevant territorial unit;(g)any reference to a reciprocity arrangement in force in a State shall be construed as referring, where appropriate, to a reciprocity arrangement in force in the relevant territorial unit;(h)any reference to free legal assistance in that State shall be construed as referring, where appropriate, to free legal assistance in the relevant territorial unit;(i)any reference to a maintenance arrangement made in a State shall be construed as referring, where appropriate, to a maintenance arrangement made in the relevant territorial unit;(j)any reference to recovery of costs by a State shall be construed as referring, where appropriate, to the recovery of costs by the relevant territorial unit.(2)This Article shall not apply to a Regional Economic Integration Organisation.Article 47 – Non-unified legal systems - substantive rules
(1)A Contracting State with two or more territorial units in which different systems of law apply shall not be bound to apply this Convention to situations which involve solely such different territorial units.(2)A competent authority in a territorial unit of a Contracting State with two or more territorial units in which different systems of law apply shall not be bound to recognise or enforce a decision from another Contracting State solely because the decision has been recognised or enforced in another territorial unit of the same Contracting State under this Convention.(3)This Article shall not apply to a Regional Economic Integration Organisation.Article 48 – Co-ordination with prior Hague Maintenance Conventions
In relations between the Contracting States, this Convention replaces, subject to Article 56(2), the Hague Convention of 2 October 1973 on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations and the Hague Convention of 15 April 1958 concerning the recognition and enforcement of decisions relating to maintenance obligations towards children in so far as their scope of application as between such States coincides with the scope of application of this Convention.Article 49 – Co-ordination with the 1956 New York Convention
In relations between the Contracting States, this Convention replaces the United Nations Convention on the Recovery Abroad of Maintenance of 20 June 1956, in so far as its scope of application as between such States coincides with the scope of application of this Convention.Article 50 – Relationship with prior Hague Conventions on service of documents and taking of evidence
This Convention does not affect the Hague Convention of 1 March 1954 on civil procedure, the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters and the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters.Article 51 – Co-ordination of instruments and supplementary agreements
(1)This Convention does not affect any international instrument concluded before this Convention to which Contracting States are Parties and which contains provisions on matters governed by this Convention.(2)Any Contracting State may conclude with one or more Contracting States agreements, which contain provisions on matters governed by the Convention, with a view to improving the application of the Convention between or among themselves, provided that such agreements are consistent with the objects and purpose of the Convention and do not affect, in the relationship of such States with other Contracting States, the application of the provisions of the Convention. The States which have concluded such an agreement shall transmit a copy to the depositary of the Convention.(3)Paragraphs 1 and 2 shall also apply to reciprocity arrangements and to uniform laws based on special ties between the States concerned.(4)This Convention shall not affect the application of instruments of a Regional Economic Integration Organisation that is a Party to this Convention, adopted after the conclusion of the Convention, on matters governed by the Convention provided that such instruments do not affect, in the relationship of Member States of the Regional Economic Integration Organisation with other Contracting States, the application of the provisions of the Convention. As concerns the recognition or enforcement of decisions as between Member States of the Regional Economic Integration Organisation, the Convention shall not affect the rules of the Regional Economic Integration Organisation, whether adopted before or after the conclusion of the Convention.Article 52 – Most effective rule
(1)This Convention shall not prevent the application of an agreement, arrangement or international instrument in force between the requesting State and the requested State, or a reciprocity arrangement in force in the requested State that provides for -(a)broader bases for recognition of maintenance decisions, without prejudice to Article 22 (f) of the Convention;(b)simplified, more expeditious procedures on an application for recognition or recognition and enforcement of maintenance decisions;(c)more beneficial legal assistance than that provided for under Articles 14 to 17; or(d)procedures permitting an applicant from a requesting State to make a request directly to the Central Authority of the requested State.(2)This Convention shall not prevent the application of a law in force in the requested State that provides for more effective rules as referred to in paragraph 1 (a) to (c). However, as regards simplified, more expeditious procedures referred to in paragraph 1 (b), they must be compatible with the protection offered to the parties under Articles 23 and 24, in particular as regards the rights of the parties to be duly notified of the proceedings and be given adequate opportunity to be heard and as regards the effects of any challenge or appeal.Article 53 – Uniform interpretation
In the interpretation of this Convention, regard shall be had to its international character and to the need to promote uniformity in its application.Article 54 – Review of practical operation of the Convention
(1)The Secretary General of the Hague Conference on Private International Law shall at regular intervals convene a Special Commission in order to review the practical operation of the Convention and to encourage the development of good practices under the Convention.(2)For the purpose of such review, Contracting States shall co-operate with the Permanent Bureau of the Hague Conference on Private International Law in the gathering of information, including statistics and case law, concerning the practical operation of the Convention.Article 55 – Amendment of forms
(1)The forms annexed to this Convention may be amended by a decision of a Special Commission convened by the Secretary General of the Hague Conference on Private International Law to which all Contracting States and all Members shall be invited. Notice of the proposal to amend the forms shall be included in the agenda for the meeting.(2)Amendments adopted by the Contracting States present at the Special Commission shall come into force for all Contracting States on the first day of the seventh calendar month after the date of their communication by the depositary to all Contracting States.(3)During the period provided for in paragraph 2 any Contracting State may by notification in writing to the depositary make a reservation, in accordance with Article 62, with respect to the amendment. The State making such reservation shall, until the reservation is withdrawn, be treated as a State not Party to the present Convention with respect to that amendment.Article 56 – Transitional provisions
(1)The Convention shall apply in every case where -(a)a request pursuant to Article 7 or an application pursuant to Chapter III has been received by the Central Authority of the requested State after the Convention has entered into force between the requesting State and the requested State;(b)a direct request for recognition and enforcement has been received by the competent authority of the State addressed after the Convention has entered into force between the State of origin and the State addressed.(2)With regard to the recognition and enforcement of decisions between Contracting States to this Convention that are also Parties to either of the Hague Maintenance Conventions mentioned in Article 48, if the conditions for the recognition and enforcement under this Convention prevent the recognition and enforcement of a decision given in the State of origin before the entry into force of this Convention for that State, that would otherwise have been recognised and enforced under the terms of the Convention that was in effect at the time the decision was rendered, the conditions of that Convention shall apply.(3)The State addressed shall not be bound under this Convention to enforce a decision or a maintenance arrangement, in respect of payments falling due prior to the entry into force of the Convention between the State of origin and the State addressed, except for maintenance obligations arising from a parent-child relationship towards a person under the age of 21 years.Article 57 – Provision of information concerning laws, procedures and services
(1)A Contracting State, by the time its instrument of ratification or accession is deposited or a declaration is submitted in accordance with Article 61 of the Convention, shall provide the Permanent Bureau of the Hague Conference on Private International Law with -(a)a description of its laws and procedures concerning maintenance obligations;(b)a description of the measures it will take to meet the obligations under Article 6;(c)a description of how it will provide applicants with effective access to procedures, as required under Article 14;(d)a description of its enforcement rules and procedures, including any limitations on enforcement, in particular debtor protection rules and limitation periods;(e)any specification referred to in Article 25(1) b) and (3).(2)Contracting States may, in fulfilling their obligations under paragraph 1, utilise a country profile form recommended and published by the Hague Conference on Private International Law.(3)Information shall be kept up to date by the Contracting States.Chapter IX
FINAL PROVISIONS
Article 58 – Signature, ratification and accession
(1)The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Twenty-First Session and by the other States which participated in that Session.(2)It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention.(3)Any other State or Regional Economic Integration Organisation may accede to the Convention after it has entered into force in accordance with Article 60(1).(4)The instrument of accession shall be deposited with the depositary.(5)Such accession shall have effect only as regards the relations between the acceding State and those Contracting States which have not raised an objection to its accession in the 12 months after the date of the notification referred to in Article 65. Such an objection may also be raised by States at the time when they ratify, accept or approve the Convention after an accession. Any such objection shall be notified to the depositary.Article 59 – Regional Economic Integration Organisations
(1)A Regional Economic Integration Organisation which is constituted solely by sovereign States and has competence over some or all of the matters governed by this Convention may similarly sign, accept, approve or accede to this Convention. The Regional Economic Integration Organisation shall in that case have the rights and obligations of a Contracting State, to the extent that the Organisation has competence over matters governed by the Convention.(2)The Regional Economic Integration Organisation shall, at the time of signature, acceptance, approval or accession, notify the depositary in writing of the matters governed by this Convention in respect of which competence has been transferred to that Organisation by its Member States. The Organisation shall promptly notify the depositary in writing of any changes to its competence as specified in the most recent notice given under this paragraph.(3)At the time of signature, acceptance, approval or accession, a Regional Economic Integration Organisation may declare in accordance with Article 63 that it exercises competence over all the matters governed by this Convention and that the Member States which have transferred competence to the Regional Economic Integration Organisation in respect of the matter in question shall be bound by this Convention by virtue of the signature, acceptance, approval or accession of the Organisation.(4)For the purposes of the entry into force of this Convention, any instrument deposited by a Regional Economic Integration Organisation shall not be counted unless the Regional Economic Integration Organisation makes a declaration in accordance with paragraph 3.(5)Any reference to a “Contracting State” or “State” in this Convention shall apply equally to a Regional Economic Integration Organisation that is a Party to it, where appropriate. In the event that a declaration is made by a Regional Economic Integration Organisation in accordance with paragraph 3, any reference to a “Contracting State” or “State” in this Convention shall apply equally to the relevant Member States of the Organisation, where appropriate.Article 60 – Entry into force
(1)The Convention shall enter into force on the first day of the month following the expiration of three months after the deposit of the second instrument of ratification, acceptance or approval referred to in Article 58.(2)Thereafter the Convention shall enter into force -(a)for each State or Regional Economic Integration Organisation referred to in Article 59(1) subsequently ratifying, accepting or approving it, on the first day of the month following the expiration of three months after the deposit of its instrument of ratification, acceptance or approval;(b)for each State or Regional Economic Integration Organisation referred to in Article 58(3) on the day after the end of the period during which objections may be raised in accordance with Article 58(5);(c)for a territorial unit to which the Convention has been extended in accordance with Article 61, on the first day of the month following the expiration of three months after the notification referred to in that Article.Article 61 – Declarations with respect to non-unified legal systems
(1)If a State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in the Convention, it may at the time of signature, ratification, acceptance, approval or accession declare in accordance with Article 63 that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.(2)Any such declaration shall be notified to the depositary and shall state expressly the territorial units to which the Convention applies.(3)If a State makes no declaration under this Article, the Convention shall extend to all territorial units of that State.(4)This Article shall not apply to a Regional Economic Integration Organisation.Article 62 – Reservations
(1)Any Contracting State may, not later than the time of ratification, acceptance, approval or accession, or at the time of making a declaration in terms of Article 61, make one or more of the reservations provided for in Articles 2(2), 20(2), 30(8), 44(3) and 55(3). No other reservation shall be permitted.(2)Any State may at any time withdraw a reservation it has made. The withdrawal shall be notified to the depositary.(3)The reservation shall cease to have effect on the first day of the third calendar month after the notification referred to in paragraph 2.(4)Reservations under this Article shall have no reciprocal effect with the exception of the reservation provided for in Article 2(2).Article 63 – Declarations
(1)Declarations referred to in Articles 2(3), 11(1) g), 16(1), 24(1), 30(7), 44(1) and (2), 59(3) and 61(1), may be made upon signature, ratification, acceptance, approval or accession or at any time thereafter, and may be modified or withdrawn at any time.(2)Declarations, modifications and withdrawals shall be notified to the depositary.(3)A declaration made at the time of signature, ratification, acceptance, approval or accession shall take effect simultaneously with the entry into force of this Convention for the State concerned.(4)A declaration made at a subsequent time, and any modification or withdrawal of a declaration, shall take effect on the first day of the month following the expiration of three months after the date on which the notification is received by the depositary.Article 64 – Denunciation
(1)A Contracting State to the Convention may denounce it by a notification in writing addressed to the depositary. The denunciation may be limited to certain territorial units of a multi-unit State to which the Convention applies.(2)The denunciation shall take effect on the first day of the month following the expiration of 12 months after the date on which the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation shall take effect upon the expiration of such longer period after the date on which the notification is received by the depositary.Article 65 – Notification
The depositary shall notify the Members of the Hague Conference on Private International Law, and other States and Regional Economic Integration Organisations which have signed, ratified, accepted, approved or acceded in accordance with Articles 58 and 59 of the following -(a)the signatures, ratifications, acceptances and approvals referred to in Articles 58 and 59;(b)the accessions and objections raised to accessions referred to in Articles 58(3) and (5) and 59;(c)the date on which the Convention enters into force in accordance with Article 60;(d)the declarations referred to in Articles 2(3), 11(1) g), 16(1), 24(1), 30(7), 44(1) and (2) , 59(3) and 61(1);(e)the agreements referred to in Article 51(2);(f)the reservations referred to in Articles 2(2), 20(2), 30(8), 44(3) and 55(3), and the withdrawals referred to in Article 62(2);(g)the denunciations referred to in Article 64.IN WITNESS WHEREOF THE UNDERSIGNED, BEING DULY AUTHORISED THERETO, HAVE SIGNED THIS CONVENTION.Done at The Hague, on the 23rd day of November 2007, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the Members of the Hague Conference on Private International Law at the date of its Twenty-First Session and to each of the other States which have participated in that Session.ANNEX 1
Transmittal form under Article 12(2)
CONFIDENTIALITY AND PERSONAL DATA PROTECTION NOTICE
Personal data gathered or transmitted under the Convention shall be used only for the purposes for which it was gathered or transmitted. Any authority processing such data shall ensure its confidentiality, in accordance with the law of its State.An authority shall not disclose or confirm information gathered or transmitted in application of this Convention if it determines that to do so could jeopardise the health, safety or liberty of a person in accordance with Article 40.1.A determination of non-disclosure has been made by a Central Authority in accordance with Article 40.Requesting Central Authority2.Contact person in requesting State(a)Address (if different)(b)Telephone number (if different)(c)Fax number (if different)3.Requested Central Authority ........................................................................................Address ........................................................................................................................................................................................................................................................................4.Particulars of the applicant(a)Family name(s): ............................................................................................................(b)Given name(s): .............................................................................................................(c)Date of birth: ......................................................................................... (dd/mm/yyyy)or(d)Name of the public body: .........................................................................................................................................................................................................................................5.Particulars of the person(s) for whom maintenance is sought or payable(a)The person is the same as the applicant named in point 4(b)i. Family name(s): .........................................................................................................Given name(s): .................................................................................................................Date of birth: ............................................................................................. (dd/mm/yyyy)ii. Family name(s): ............................................................................................................Given name(s): .................................................................................................................Date of birth: ............................................................................................. (dd/mm/yyyy)iii. Family name(s): ..........................................................................................................Given name(s): .................................................................................................................Date of birth: ............................................................................................. (dd/mm/yyyy)6.Particulars of the debtor(a)□ The person is the same as the applicant named in point 4(b)Family name(s): ............................................................................................................(c)Given name(s): .............................................................................................................(d)Date of birth: ......................................................................................... (dd/mm/yyyy)7.This transmittal form concerns and is accompanied by an application under:□ Article 10(1) (a)□ Article 10(1) (b)□ Article 10(1) (c)□ Article 10(1) (d)□ Article 10(1) (e)□ Article 10(1) (f)□ Article 10(2) (a)□ Article 10(2) (b)□ Article 10(2) (c)8.The following documents are appended to the application:(a)For the purpose of an application under Article 10(1) (a) and:In accordance with Article 25:□ Complete text of the decision (Art. 25(1) (a))□ Abstract or extract of the decision drawn up by the competent authority of the State of origin (Art. 25(3) (b)) (if applicable)□ Document stating that the decision is enforceable in the State of origin and, in the case of a decision by an administrative authority, a document stating that the requirements of Article 19(3) are met unless that State has specified in accordance with Article 57 that decisions of its administrative authorities always meet those requirements (Art. 25(1) (b) or if Article 25(3) (c) is applicable.□ If the respondent did not appear and was not represented in the proceedings in the State of origin, a document or documents attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard, or that the respondent had proper notice of the decision and the opportunity to challenge or appeal it on fact and law (Art. 25(1) (c)).□ Where necessary, a document showing the amount of any arrears and the date such amount was calculated (Art. 25(1) (d)).□ Where necessary, a document providing the information necessary to make appropriate calculations in case of a decision providing for automatic adjustment by indexation (Art. 25(1) (e)).□ Where necessary, documentation showing the extent to which the applicant received free legal assistance in the State of origin (Art. 25(1) (f)).In accordance with Article 30(3):□ Complete text of the maintenance arrangement (Art. 30(3) (a)).□ A document stating that the particular maintenance arrangement is enforceable as a decision in the State of origin (Art. 30(3) (b)).□ Any other documents accompanying the application (e.g., if required, a document for the purpose of Art. 36(4)):......................................................................................................................................................................................................................................................................................(b)For the purpose of an application under Article 10(1) b), c), d), e), f) and (2) a), b) or c), the following number of supporting documents (excluding the transmittal form and the application itself) in accordance with Article 11(3):□ Article 10(1) (b) ...........□ Article 10(1) (c) ...........□ Article 10(1) (d) ...........□ Article 10(1) (e) ...........□ Article 10(1) (f) ...........□ Article 10(2) (a) ...........□ Article 10(2) (b) ...........□ Article 10(2) (c) ...........Name: ....................................................(in block letters) Date: .......................................Authorised representative of the Central Authority (dd/mm/yyyy)ANNEX 2
Acknowledgement form under Article 12(3)
CONFIDENTIALITY AND PERSONAL DATA PROTECTION NOTICE
Personal data gathered or transmitted under the Convention shall be used only for the purposes for which it was gathered or transmitted. Any authority processing such data shall ensure its confidentiality, in accordance with the law of its State.An authority shall not disclose or confirm information gathered or transmitted in application of this Convention if it determines that to do so could jeopardise the health, safety or liberty of a person in accordance with Article 40.1.□ A determination of non-disclosure has been made by a Central Authority in accordance with Article 40.Requested Central Authority2.Contact person in requested State(a)Address (if different)(b)Telephone number (if different)(c)Fax number (if different)3.Requesting Central Authority .......................................................................................Contact person ..................................................................................................................Address ........................................................................................................................................................................................................................................................................4.The requested Central Authority acknowledges receipt on ....................................... (dd/mm/yyyy) of the transmittal form from the requesting Central Authority (reference number .....................; dated .............................. (dd/mm/yyyy)) concerning the following application under:□ Article 10(1) (a)□ Article 10(1) (b)□ Article 10(1) (c)□ Article 10(1) (d)□ Article 10(1) (e)□ Article 10(1) (f)□ Article 10(2) (a)□ Article 10(2) (b)□ Article 10(2) (c)Family name(s) of applicant: ............................................................................................Family name(s) of the person(s) for whom maintenance is sought or payable: ................................................................................................................................................................................................................................................................................................................................................................................................................................................Family name(s) of debtor: .................................................................................................5.Initial steps taken by the requested Central Authority:□ The file is complete and is under consideration□ See attached status of application report□ Status of application report will follow□ Please provide the following additional information and / or documentation:......................................................................................................................................................................................................................................................................................□ The requested Central Authority refuses to process this application as it is manifest that the requirements of the Convention are not fulfilled (Art. 12(8)). The reasons:□ are set out in an attached document□ will be set out in a document to followThe requested Central Authority requests that the requesting Central Authority inform it of any change in the status of the application.Name: ................................................................................ (in block letters) Date: ....................Authorised representative of the Central Authority (dd/mm/yyyy)