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Inter-American Convention on International Traffic in Minors 1994, para. undefined
- Paragraph text
- The following shall have competence in cases of crimes involving international traffic in minors: a) the State Party where the wrongful conduct occurred; b) the State Party that is the habitual residence of the minor; c) the State Party in which the alleged offender is located if said offender has not been extradited. d) the State Party in which the minor who is a victim of said traffic is located. For the purposes of the preceding paragraph, the State Party that first conducted formal proceedings concerning the wrongful act shall have preference.
- Legal status
- Legally binding
- Body
- Organization of American States
- Document type
- Regional treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- 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.
- Legal status
- Legally binding
- 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
African Charter on the Rights and Welfare of the Child 1990, para. a
- Paragraph text
- State Parties which recognize the system of adoption shall ensure that the best interest of the child shall be the paramount consideration and they shall: 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 counseling;
- Legal status
- Legally binding
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 1990
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.
- Legal status
- Legally binding
- 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
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 50. The Occupying Power shall, with the cooperation of the national and local authorities, facilitate the proper working of all institutions devoted to the care and education of children. The Occupying Power shall take all necessary steps to facilitate the identification of children and the registration of their parentage. It may not, in any case, change their personal status, nor enlist them in formations or organizations subordinate to it. Should the local institutions be inadequate for the purpose, the Occupying Power shall make arrangements for the maintenance and education, if possible by persons of their own nationality, language and religion, of children who are orphaned or separated from their parents as a result of the war and who cannot be adequately cared for by a near relative or friend. A special section of the Bureau set up in accordance with Article 136 shall be responsible for taking all necessary steps to identify children whose identity is in doubt. Particulars of their parents or other near relatives should always be recorded if available. The Occupying Power shall not hinder the application of any preferential measures in regard to food, medical care and protection against the effects of war which may have been adopted prior to the occupation in favour of children under fifteen years, expectant mothers, and mothers of children under seven years.
- Legal status
- Legally binding
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Children
- Families
- Year
- 1949
Paragraph
African Charter on the Rights and Welfare of the Child 1990, para. 2a
- Paragraph text
- State Parties to the present Charter shall in particular: 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;
- Legal status
- Legally binding
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 1990
Paragraph
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- 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.
- Legal status
- Legally binding
- Body
- Hague Conference on Private International Law
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 1980
Paragraph
Inter-American Convention on International Traffic in Minors 1994, para. undefined
- Paragraph text
- The original instrument of this Convention, the English, French, Portuguese and Spanish texts of which are equally authentic, shall be deposited with the General Secretariat of the Organization of American States, which shall forward an authenticated copy of its text to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of its Charter. The General Secretariat of the Organization of American States shall notify the Member States of the Organization and the States that have acceded to the Convention of the signatures, deposits of instruments of ratification, accession and denunciation, as well as of reservations, if any, and of their withdrawal. IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto by their respective Governments, do hereby sign the present Convention. DONE AT MEXICO, D.F., MEXICO, this eighteenth day of March, one thousand nine hundred and ninety-four.
- Legal status
- Legally binding
- Body
- Organization of American States
- Document type
- Regional treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Adolescents
- Children
- Infants
- Year
- 1994
Paragraph
Inter-American Convention on International Traffic in Minors 1994, para. undefined
- Paragraph text
- Each State Party may, at the time of signature, ratification or accession to the present Convention or at any time thereafter, declare that it will not entertain in any civil suit a challenge to the existence of the facts of the crime or the guilt of the person convicted when a conviction has been handed down for this crime in another State Party.
- Legal status
- Legally binding
- Body
- Organization of American States
- Document type
- Regional treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Adolescents
- Children
- Year
- 1994
Paragraph
African Charter on the Rights and Welfare of the Child 1990, para. 2c (i)
- Paragraph text
- State Parties to the present Charter shall in particular: ensure that every child accused of infringing the penal law: shall be presumed innocent until duly recognized guilty;
- Legal status
- Legally binding
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 1990
Paragraph
African Charter on the Rights and Welfare of the Child 1990, para. 2c (ii)
- Paragraph text
- State Parties to the present Charter shall in particular: ensure that every child accused of infringing the penal law: 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;
- Legal status
- Legally binding
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 1990
Paragraph
African Charter on the Rights and Welfare of the Child 1990, para. 2c (iv)
- Paragraph text
- State Parties to the present Charter shall in particular: ensure that every child accused of infringing the penal law: 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;
- Legal status
- Legally binding
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 1990
Paragraph
African Charter on the Rights and Welfare of the Child 1990, para. 3
- Paragraph text
- 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, reintegration into his or her family and social rehabilitation.
- Legal status
- Legally binding
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 1990
Paragraph
African Charter on the Rights and Welfare of the Child 1990, para. 2b
- Paragraph text
- State Parties to the present Charter shall in particular: ensure that children are separated from adults in their place of detention or imprisonment;
- Legal status
- Legally binding
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 1990
Paragraph
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- 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.
- Legal status
- Legally binding
- Body
- Hague Conference on Private International Law
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 1980
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.
- Legal status
- Legally binding
- 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 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.
- Legal status
- Legally binding
- 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
- A request for locating and returning a minor may be lodged without prejudice to the annulment and revocation actions provided for in Articles 18 and 19.
- Legal status
- Legally binding
- Body
- Organization of American States
- Document type
- Regional treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Adolescents
- Children
- Year
- 1994
Paragraph
Conclusion on civil registration 2013, para. 3
- Paragraph text
- Reaffirming that every child shall be registered immediately after birth, without discrimination of any kind,
- Legal status
- Negotiated soft law
- Body
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Document type
- ExCom Conclusion
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Children
- Infants
- Year
- 2013
Paragraph
Conclusion On Identification, Prevention And Reduction Of Statelessness And Protection Of Stateless Persons 2006, para. (j)
- Paragraph text
- Notes that statelessness may arise as a result of restrictions applied to parents in passing on nationality to their children; denial of a woman's ability to pass on nationality; renunciation without having secured another nationality; automatic loss of citizenship from prolonged residence abroad; deprivation of nationality owing to failure to perform military or alternative civil service; loss of nationality due to a person's marriage to an alien or due to a change in nationality of a spouse during marriage; and deprivation of nationality resulting from discriminatory practices; and requests UNHCR to continue to provide technical advice in this regard;
- Legal status
- Negotiated soft law
- Body
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Document type
- ExCom Conclusion
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Children
- Families
- Women
- Year
- 2006
Paragraph
General Conclusion On International Protection 2003, para. (x)
- Paragraph text
- Encourages UNHCR to provide to the Standing Committee an outline of nationality issues impacting women and children that increase their vulnerability to statelessness, such as problems faced in the registration of births, marriages and nationality status;
- Legal status
- Negotiated soft law
- Body
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Document type
- ExCom Conclusion
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- Children
- Women
- Year
- 2003
Paragraph
General Conclusion On International Protection 2001, para. (r)
- Paragraph text
- Takes note with particular concern that problems of statelessness can impact disproportionately on women and children, due to the particular operation of nationality and birth registration laws; underlines the importance, notably for women, of identity documentation and proper registration of births and marriages; and calls upon States to adopt all necessary measures in this regard;
- Legal status
- Negotiated soft law
- Body
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Document type
- ExCom Conclusion
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- Children
- Infants
- Women
- Year
- 2001
Paragraph
Conclusion On Identification, Prevention And Reduction Of Statelessness And Protection Of Stateless Persons 2006, para. (h)
- Paragraph text
- Calls on States to facilitate birth registration and issuance of birth or other appropriate certificates as a means to providing an identity to children and where necessary and when relevant, to do so with the assistance of UNHCR, UNICEF, and UNFPA;
- Legal status
- Negotiated soft law
- Body
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Document type
- ExCom Conclusion
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Infants
- Year
- 2006
Paragraph
General Conclusion On International Protection 2008, para. (w)
- Paragraph text
- Welcomes UNHCR's intensified efforts to identify and to protect stateless persons; encourages States to prevent and reduce statelessness by adopting and implementing safeguards in nationality laws and policies, consistent with fundamental principles of international law, and by facilitating birth registration as a means of providing an identity; stresses safeguarding the right of every child to acquire a nationality, particularly where the child might otherwise be stateless, and considering, as appropriate, facilitating the naturalization of habitually and lawfully residing stateless persons in accordance with national legislation; and requests UNHCR to continue to provide technical advice and operational support to States;
- Legal status
- Negotiated soft law
- Body
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Document type
- ExCom Conclusion
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Infants
- Year
- 2008
Paragraph
Conclusion on civil registration 2013, para. (a)
- Paragraph text
- Urges States to ensure civil registration and emphasizes that every child shall be registered immediately after birth without discrimination of any kind, taking into consideration that civil registration and, in particular, birth registration provide substantial information for policy and humanitarian planning, through regulations that contribute towards enhancing protection and the implementation of durable solutions;
- Legal status
- Negotiated soft law
- Body
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Document type
- ExCom Conclusion
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- Children
- Infants
- Year
- 2013
Paragraph
Article 24: Rights of the child 1989, para. 1
- Paragraph text
- Article 24 of the International Covenant on Civil and Political Rights recognizes the right of every child, without any discrimination, to receive from his family, society and the State the protection required by his status as a minor. Consequently, the implementation of this provision entails the adoption of special measures to protect children, in addition to the measures that States are required to take under article 2 to ensure that everyone enjoys the rights provided for in the Covenant. The reports submitted by States parties often seem to underestimate this obligation and supply inadequate information on the way in which children are afforded enjoyment of their right to a special protection.
- Legal status
- Non-negotiated soft law
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 1989
Paragraph
Article 9: Liberty and security of person 2014, para. 28
- Paragraph text
- For some categories of vulnerable persons, directly informing the person arrested is required but not sufficient. When children are arrested, notice of the arrest and the reasons for it should also be provided directly to their parents, guardians, or legal representatives. For certain persons with mental disabilities, notice of the arrest and the reasons should also be provided directly to persons they have designated or appropriate family members. Additional time may be required to identify and contact the relevant third persons, but notice should be given as soon as possible.
- Legal status
- Non-negotiated soft law
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2014
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 26c
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [Bearing in mind statistics which show that persons held awaiting trial include an excessively high number of non nationals and persons belonging to the groups referred to in the last paragraph of the preamble, States parties should ensure:] That the guarantees often required of accused persons as a condition of their remaining at liberty pending trial (fixed address, declared employment, stable family ties) are weighed in the light of the insecure situation which may result from their membership of such groups, particularly in the case of women and minors;
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Adolescents
- Children
- Women
- Year
- 2004
Paragraph
The Role of Independent National Human Rights Institutions in the Protection and Promotion of the Rights of the Child 2002, para. 13
- Paragraph text
- NHRIs must have the power to consider individual complaints and petitions and carry out investigations, including those submitted on behalf of or directly by children. In order to be able to effectively carry out such investigations, they must have the powers to compel and question witnesses, access relevant documentary evidence and access places of detention. They also have a duty to seek to ensure that children have effective remedies - independent advice, advocacy and complaints procedures - for any breaches of their rights. Where appropriate, NHRIs should undertake mediation and conciliation of complaints.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2002
Paragraph
General Measures of Implementation of the Convention of the Rights of the Child 2003, para. 12
- Paragraph text
- Opening government decision-making processes to children is a positive challenge which the Committee finds States are increasingly responding to. Given that few States as yet have reduced the voting age below 18, there is all the more reason to ensure respect for the views of unenfranchised children in Government and parliament. If consultation is to be meaningful, documents as well as processes need to be made accessible. But appearing to "listen" to children is relatively unchallenging; giving due weight to their views requires real change. Listening to children should not be seen as an end in itself, but rather as a means by which States make their interactions with children and their actions on behalf of children ever more sensitive to the implementation of children's rights.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2003
Paragraph