Rights of the child 2003, para. 13c

Paragraph
Paragraph text
[Calls upon all States:] To ensure as far as possible the right of the child to know and be cared for by his or her parents; to ensure that the child shall not be separated from his or her parents against their will, except when the competent authorities, subject to judicial review, determine, in accordance with applicable law and procedures and giving all interested parties an opportunity to participate in the proceedings and make their views known, 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; to 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; where such separation results from action initiated by a State, 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 of the child, that State 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; and, further, to ensure that the submission of such a request shall of itself entail no adverse consequences for the person(s) concerned;
Legal status
Negotiated soft law
Body
United Nations Commission on Human Rights
Document type
Resolution
Means of adoption
Consensus
Topic(s)
  • Civil & Political Rights
  • Governance & Rule of Law
  • Social & Cultural Rights
Person(s) affected
  • Children
  • Families
Year
2003
Paragraph type
OP
Paragraph focus
Identity, family relations and birth registration
Paragraph info
OP
Paragraph number
13c