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Inter-American Convention on International Traffic in Minors 1994, para. b
- Paragraph text
- This Convention shall apply to any minor who is habitually resident in a State Party or is located in a State Party at the time when an act of international traffic occurs in respect of him or her. For the purpose of the present Convention: b) "International traffic in minors" means the abduction, removal or retention, or attempted abduction, removal or retention, of a minor for unlawful purposes or by unlawful means.
- Body
- Organization of American States
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Adolescents
- Children
- Infants
- Year
- 1994
Paragraph
Inter-American Convention on International Traffic in Minors 1994, para. d
- Paragraph text
- For the purpose of the present Convention: d) "Unlawful means" includes, among others, kidnaping, fraudulent or coerced consent, the giving or receipt of unlawful payments or benefits to achieve the consent of the parents, persons or institution having care of the child, or any other means unlawful in either the State of the minor's habitual residence or the State Party where the minor is located.
- Body
- Organization of American States
- Document type
- Regional treaty
- Topic(s)
- Civil & Political Rights
- Movement
- Person(s) affected
- Children
- Families
- Infants
- Year
- 1994
Paragraph
Inter-American Convention on International Traffic in Minors 1994, para. undefined
- Paragraph text
- The authentication or similar formalities otherwise required shall be unnecessary when requests for cooperation encompassed by this Convention are transmitted via consular or diplomatic channels or via the Central Authorities, and when conveyed directly from one tribunal to another in the border area of the States Parties. No authentication in the requesting State Party shall be required in the case of related documents returned via the same channels. Where necessary, the requests shall be translated into the official language or languages of the State Party to which they are addressed. With respect to attachments, a translation of the summary of the essential information shall suffice.
- Body
- Organization of American States
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Adolescents
- Children
- Infants
- Year
- 1994
Paragraph
Inter-American Convention on International Traffic in Minors 1994, para. undefined
- Paragraph text
- In any proceeding provided for under this chapter, the competent authority may order the person or organization responsible for international traffic in minors to pay the costs and expenses of locating and returning the minor if such person or organization is a party to the proceeding. A person or authority lodging a request for the return or, where applicable, the competent authority may bring a civil action to recover costs, including legal fees and the expenses of locating and returning the minor, unless said costs were already assessed in a criminal proceeding or a proceeding under this chapter. The competent authority or any injured person or authority may bring a civil action for damages against the persons or organizations responsible for the international traffic in minors involving the minor.
- Body
- Organization of American States
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Adolescents
- Children
- Infants
- Year
- 1994
Paragraph
Inter-American Convention on International Traffic in Minors 1994, para. undefined
- Paragraph text
- The judicial or administrative authorities of the State Party of the minor's habitual residence, or those of the State Party where the minor is or is assumed to be retained, shall be competent to hear the request for the minor's location and return, at the option of the complainants. When in the complainants' view there are urgent reasons, the request may be submitted to the judicial or administrative authorities of the State Party where the wrongful act occurred.
- Body
- Organization of American States
- Document type
- Regional treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Adolescents
- Children
- Infants
- Year
- 1994
Paragraph
Inter-American Convention on International Traffic in Minors 1994, para. undefined
- Paragraph text
- Adoptions and other similar legal proceedings performed in a State Party shall be subject to annulment if they had their origin or purpose in international traffic in minors. In such annulment, the minor's best interests shall be taken into account at all times. The annulment shall be subject to the law and the competent authorities of the State where the adoption or legal proceedings concerned took place.
- Body
- Organization of American States
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Adolescents
- Children
- Infants
- Year
- 1994
Paragraph
Inter-American Convention on International Traffic in Minors 1994, para. undefined
- Paragraph text
- Having confirmed that a victim of traffic in minors is present within their jurisdiction, the competent authorities of a State Party shall take such immediate measures as may be necessary for the minor's protection, including those of a preventive nature to ensure that the minor is not improperly removed to another State. The Central Authorities shall inform the competent authorities of the State of the minor's previous habitual residence of all such measures. The intervening authorities shall take such steps as may be necessary to keep the persons or authorities seeking the minor's location and return duly informed of the measures adopted.
- Body
- Organization of American States
- Document type
- Regional treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Adolescents
- Children
- Infants
- Year
- 1994
Paragraph
Inter-American Convention on International Traffic in Minors 1994, para. undefined
- Paragraph text
- Care or custody of a minor may be revoked whenever it has its origin or purpose in the international traffic in minors, under the same conditions provided for in the preceding article.
- Body
- Organization of American States
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Adolescents
- Children
- Infants
- Year
- 1994
Paragraph
Inter-American Convention on International Traffic in Minors 1994, para. undefined
- Paragraph text
- A request for locating and returning a minor under the present Convention shall be lodged by those entitled to do so by the laws of the State where the minor habitually resides.
- Body
- Organization of American States
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Adolescents
- Children
- Infants
- Year
- 1994
Paragraph
Inter-American Convention on International Traffic in Minors 1994, para. undefined
- Paragraph text
- The request for locating and returning shall not require authentication and shall be processed through the Central Authorities or directly through the competent authorities referred to in Article 13 of the present Convention. The requested authorities shall decide upon the most expeditious procedures for effecting it. After receiving the request, the requested authorities shall order the necessary steps taken in accordance with their domestic laws to initiate, facilitate, and assist the judicial and administrative procedures involved in locating and returning the minor. In addition, steps shall be taken to ensure the immediate return of the minor, and where necessary, to ensure his or her care, custody or provisional guardianship, depending on the circumstances, and, as a preventive measure, to bar the minor from being wrongfully removed to another State. The request, stating grounds for location and return of the minor, shall be lodged within one hundred and twenty days after the wrongful removal or retention of the minor has been detected. If the request for location and return is lodged by a State Party, the latter shall do so within one hundred and eighty days. When it is necessary to take action before locating the minor, the above-mentioned period shall run from the day on which a person or authority entitled to file the request is informed that the minor has been located. Irrespective of the above, the authorities of the State Party where the minor is retained may at any time order his or her return if it is in the minor's best interests.
- Body
- Organization of American States
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Adolescents
- Children
- Infants
- Year
- 1994
Paragraph
Inter-American Convention on International Traffic in Minors 1994, para. undefined
- Paragraph text
- The actions taken in accordance with the provisions of this chapter shall not prevent the competent authorities of the State Party where the minor is located from ordering, at any time, said minor's immediate return to the State of his or her habitual residence, bearing in mind the best interests of the minor.
- Body
- Organization of American States
- Document type
- Regional treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Adolescents
- Children
- Infants
- Year
- 1994
Paragraph
11 shown of 11 entities