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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.
- 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 type
- Article
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 type
- Article
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;
- 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 type
- Article
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 type
- Article
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.
- 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 type
- Article
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;
- 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 type
- Article
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.
- 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 type
- Article
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.
- 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 type
- Article
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.
- 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 type
- Article
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;
- 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 type
- Article
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;
- 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 type
- Article
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;
- 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 type
- Article
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.
- 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 type
- Article
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;
- 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 type
- Article
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.
- 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 type
- Article
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 type
- Article
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 type
- Article
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.
- 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 type
- Article
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;
- 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 type
- Conclusion / Recommendation
Paragraph
SRSG on children and armed conflict: Annual report 2016, para. 65
- Paragraph text
- The Special Representative commends the Human Rights Council, the treaty bodies, the special rapporteurs and the Working Group on Arbitrary Detention for their work in relation to children deprived of liberty and encourages continued focus on this issue, including in the framework of the universal periodic review. She encourages Member States to treat children associated with armed groups primarily as victims, to consider alternatives to deprivation of liberty and to ensure that, at a minimum, deprivation of liberty be used as a last resort and for the shortest time possible.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 85a
- Paragraph text
- [With regard to the vulnerability of children deprived of their liberty and policy reform, the Special Rapporteur calls upon all States:] To ensure that deprivation of liberty is used only as a measure of last resort only in exceptional circumstances and only if it is in the best interests of the child;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 86f
- Paragraph text
- [With regard to conditions during detention, the Special Rapporteur calls upon all States:] To use restraints or force only when the child poses an imminent threat of injury to himself or herself or others, only for a limited period of time and only when all other means of control have been exhausted, and not to perform strip searches without reasonable suspicion;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- Children
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
SRSG on violence against children: Annual report 2014, para. 124
- Paragraph text
- Legislation should provide law enforcement agencies, prosecutors and the judiciary with options for diverting children away from the criminal justice system and promoting restorative justice processes at all stages of the proceedings; it should include alternative and educative measures, such as warnings, probation, judicial supervision and community work, to be applied in combination with restorative justice processes or when restorative justice is not appropriate.
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 81
- Paragraph text
- States are obliged to guarantee a free flow of ideas and information and the right to seek and receive as well as to impart information and ideas over the Internet. States are also required under international law to prohibit under its criminal law the following types of content: (a) child pornography; (b) direct and public incitement to commit genocide; (c) advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence; and (d) incitement to terrorism. However, the Special Rapporteur reminds all States that any such laws must also comply with the three criteria of restrictions to the right to freedom of expression, namely: prescription by unambiguous law; pursuance of a legitimate purpose; and respect for the principles of necessity and proportionality.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right of the child to freedom of expression 2014, para. 86
- Paragraph text
- States should revise national laws, regulations and policies that limit the right of children to express themselves, as well as to access information, to align them with international human rights standards. Any law limiting the freedom of expression of adults or children must also comply with the three established criteria for restricting this right, namely, prescription by an unambiguous law, pursuit of a legitimate purpose and respect for the principles of necessity and proportionality.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 74
- Paragraph text
- In this context, the Special Rapporteur recalls that the death penalty for children amounts to a violation of the prohibition of torture and other ill-treatment. Other punishments considered grossly disproportionate also amount to cruel, inhuman or degrading treatment or punishment. Life imprisonment and lengthy sentences, such as consecutive sentencing, are grossly disproportionate and therefore cruel, inhuman or degrading when imposed on a child. Life sentences or sentences of an extreme length have a disproportionate impact on children and cause physical and psychological harm that amounts to cruel, inhuman or degrading punishment. Similarly, the Special Rapporteur finds that mandatory sentences for children are similarly incompatible with the State's obligation regarding children in conflict with the law and the prohibition of cruel, inhuman or degrading punishment. Mandatory minimum sentences may result in disproportionate punishments that are often overly retributive in relation to the crimes committed, particularly in relation to the child's individual circumstances and the opportunity for rehabilitation. In the light of the unique vulnerability of children, including the risk of torture or ill-treatment in detention and States' obligation of due diligence to afford children heightened measures of protection against torture and other forms of ill-treatment, children must be subject to sentences that promote rehabilitation and re-entry into society.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 81g
- Paragraph text
- [In terms of protection and assistance, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Ensure that children have full access to information about their rights and the protection and support services available to them, that this information is accurate, timely and comprehensive and that it is delivered in a manner that takes into consideration their age, language and cultural background.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 77c
- Paragraph text
- [In building upon the general recommendations elaborated by his distinguished predecessor, Theo van Boven, in 2003, the Special Rapporteur wishes to particularly stress the following recommendations:] All States and the international community are requested to provide the resources necessary to develop national systems for the administration of justice that provide all human beings with equal access to justice and the right to a fair trial at all stages of criminal proceedings. In particular, judges, prosecutors, lawyers, police and prison officials shall be selected, educated and paid properly and in sufficient number. Effective measures for combating corruption in the administration of justice shall be taken. Judges shall be fully independent from the executive and legislative branches of Government and shall exercise judicial functions with impartiality and professionalism. Pretrial detention of criminal suspects shall be the exception, not the rule, and shall last for as little time as possible. Pretrial detainees shall be separated from convicted prisoners, children from adults, women from men. The main aim of correctional institutions shall be the rehabilitation of offenders and their reintegration into society. Punitive policies of criminal justice shall be brought in line with this important aim, provided for in article 10 of the International Covenant on Civil and Political Rights, by means of structural reforms of the administration of justice;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Men
- Women
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right of the child to freedom of expression 2014, para. 87
- Paragraph text
- States should carefully revise laws and regulations concerning the protection of children in broadcasting activities, the Internet and any other media. Classification systems are acceptable for the protection of children in broadcasting activities, for example, but the prior suppression of any particular expression before it is made public is unacceptable. The independence of authorities mandated to enforce regulations on communications should be protected from political and economic interference.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right of the child to freedom of expression 2014, para. 81
- Paragraph text
- Despite the almost universal ratification of the Convention on the Rights of the Child, too little has been done to give effect to the right of children to freedom of expression and many obstacles to the realization of this right for children remain. Unchallenged authoritarian attitudes frequently shape the relationship between adults and children in schools and within families. More worryingly, as communications technologies evolve, some States have adopted disproportionate restrictions on freedom of expression, presenting them as measures to protect children from harm while, in effect, they limit the rights of children and adults.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph