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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 type
- Article
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 type
- Article
Paragraph
Inter-American Convention on International Traffic in Minors 1994, para. b
- Paragraph text
- The States Parties to the present Convention undertake to: b) establish through their Central Authorities mechanisms for the exchange of information about any domestic statute, case law, administrative practices, statistics and modalities regarding international traffic in minors in their States; and
- Body
- Organization of American States
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Adolescents
- Year
- 1994
- Paragraph type
- Article
Paragraph
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 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
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 type
- Article
Paragraph
Inter-American Convention on International Traffic in Minors 1994, para. undefined
- Paragraph text
- In keeping with the purposes of this Convention, the Central Authorities of the States Parties shall exchange information and cooperate with their competent judicial and administrative authorities on all matters concerning control of the entry of minors into and departure from their territories.
- Body
- Organization of American States
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Adolescents
- Children
- Year
- 1994
- 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
Inter-American Convention on International Traffic in Minors 1994, para. a
- 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: a) "Minor" means any human being below the age of eighteen.
- Body
- Organization of American States
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Adolescents
- Children
- Year
- 1994
- Paragraph type
- Article
Paragraph
Inter-American Convention on International Traffic in Minors 1994, para. undefined
- Paragraph text
- The States Parties shall adopt the measures needed to ensure that no costs are charged for proceedings to secure the return of the minor, in accordance with their laws and shall advise persons legitimately interested in the return of the minor of the public defender services, benefits to the needy and other forms of free legal aid to which they may be entitled under the laws and regulations of the respective States Parties.
- Body
- Organization of American States
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Adolescents
- Children
- Year
- 1994
- Paragraph type
- Article
Paragraph
Inter-American Convention on International Traffic in Minors 1994, para. undefined
- Paragraph text
- The competent authorities in border areas of the States Parties may, at any time, directly agree on more expeditious procedures to locate and return minors than those provided for in the present Convention and without prejudice thereto. None of the provisions in the present Convention shall be interpreted as restricting the more favorable practices that the competent authorities of the States Parties may agree to follow for the matters covered by this Convention.
- Body
- Organization of American States
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Adolescents
- Children
- Year
- 1994
- Paragraph type
- Article
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 type
- Article
Paragraph
Inter-American Convention on International Traffic in Minors 1994, para. undefined
- 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.
- Body
- Organization of American States
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Adolescents
- Children
- 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 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 type
- Article
Paragraph
Inter-American Convention on International Traffic in Minors 1994, para. undefined
- Paragraph text
- This Convention shall also cover the civil aspects of the wrongful removal, transfer, or retention of minors internationally, not dealt with by other international conventions on this subject.
- Body
- Organization of American States
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Adolescents
- Children
- Year
- 1994
- Paragraph type
- Article
Paragraph
Inter-American Convention on International Traffic in Minors 1994, para. undefined
- Paragraph text
- If one of the States Parties where extradition is subject to the existence of a treaty receives a request for extradition from a State Party with which it has no such treaty, or if it has such a treaty, this crime is not among the extraditable offenses, it may consider the present Convention as the legal grounds needed to grant extradition in the case of the international traffic in minors. Further, States Parties that do not make extradition conditional on the existence of a treaty shall recognize the international traffic in minors as a basis for extradition between them. Where no extradition treaty exists, extradition shall be subject to the other conditions required by the domestic laws of the requested State.
- Body
- Organization of American States
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Adolescents
- Children
- Year
- 1994
- Paragraph type
- Article
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 type
- Article
Paragraph
ICED - International Convention for the Protection of all Persons from Enforced Disappearance 2006, para. 2b
- Paragraph text
- [2. Each State Party may establish:] (b) Without prejudice to other criminal procedures, aggravating circumstances, in particular in the event of the death of the disappeared person or the commission of an enforced disappearance in respect of pregnant women, minors, persons with disabilities or other particularly vulnerable persons.
- Body
- United Nations General Assembly
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Adolescents
- Women
- Year
- 2006
- 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
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 81
- Paragraph text
- The detention of children and adolescents through border control measures, such as interception at sea, should be addressed through a child protection approach. Similarly, migration authorities responsible for the mistreatment of children should be held fully accountable.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Adolescents
- Children
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 77c
- Paragraph text
- [States are particularly encouraged to:] Consider creating regularization options for persons who may not fall under the international refugee regime but who may need to have their human rights protected and consider granting legal residence to children and adolescent victims of abuse and exploitation as a durable solution, in line with the best interests of the child;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Adolescents
- Children
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Migrant children and adolescents 2014, para. 14
- Paragraph text
- Calls upon States to recognize that human mobility has become an integral part of the current social, economic and environmental situation, recognizes, in the process of elaborating future sustainable development goals, the importance of considering the reality of migration and its multiple direct impacts on the development prospects of migrants, their families and communities and on the development of countries of origin and destination, and encourages the international community to work so that aspects related to children and to migration being considered in the elaboration of the post 2015 development agenda can also be applicable in the case of accompanied and unaccompanied migrant children;
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Environment
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Adolescents
- Children
- Families
- Persons on the move
- Year
- 2014
- Paragraph type
- OP
Paragraph
Rights of the child 2016, para. 80
- Paragraph text
- Expresses its concern that migrant children, including adolescents, may be exposed to serious human rights violations and abuses at various points in their journey, which can threaten their physical, emotional and psychological well-being, in the countries of origin, transit and destination, and that many irregular migrant children and adolescents may not be aware of their rights and may be exposed to crimes and human rights abuses committed by, inter alia, transnational criminal organizations and common criminals and include theft, kidnapping, extortion, threats, trafficking in persons, forced labour, child labour, sexual abuse and exploitation, physical harm and death;
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Adolescents
- Children
- Persons on the move
- Year
- 2016
- Paragraph type
- OP
Paragraph
Unaccompanied migrant children and adolescents and human rights 2016, para. 7
- Paragraph text
- Notes the request made by the Advisory Committee at its sixteenth session to extend the time schedule envisaged to allow for better informed work by, inter alia, taking into account the work currently under way by the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Committee on the Rights of the Child, which is scheduled to be finalized at the end of 2016, and requests the Advisory Committee to submit a final report on the global issue of unaccompanied migrant children and adolescents and human rights to the Human Rights Council at its thirty-sixth session;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Adolescents
- Children
- Persons on the move
- Year
- 2016
- Paragraph type
- OP
Paragraph
Unaccompanied migrant children and adolescents and human rights 2016, para. 9
- Paragraph text
- Decides to remain seized of the matter.
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Adolescents
- Children
- Persons on the move
- Year
- 2016
- Paragraph type
- OP
Paragraph
Rights of the child 1998, para. 17a
- Paragraph text
- [Calls upon all States:] To protect refugee and internally displaced children, including through policies for their care, well-being and development, in such areas as health, education and psychosocial rehabilitation, with the necessary international cooperation, in particular with the Office of the United Nations High Commissioner for Refugees, the United Nations Children's Fund and the International Committee of the Red Cross, in accordance with their obligations under the Convention on the Rights of the Child and taking into account the 1994 guidelines on protection and care of refugee children of the Office of the United Nations High Commissioner for Refugees and the Conclusion on refugee children and adolescents adopted by the Executive Committee of the High Commissioner's Programme at its forty-eighth session in October 1997, as well as the recommendations of the representative of the Secretary-General on internally displaced persons (see E/CN.4/1998/53 and Add.1 and 2);
- Body
- United Nations Commission on Human Rights
- Document type
- Resolution
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Adolescents
- Children
- Persons on the move
- Year
- 1998
- Paragraph type
- OP
Paragraph
Unaccompanied migrant children and adolescents and human rights 2015, para. 3
- Paragraph text
- Encourages States of origin, transit and destination to continue to seek greater cooperation and technical assistance with all relevant stakeholders in different areas in order to identify jointly alternatives to reduce, mitigate and eliminate the causes and structural factors that lead to irregular migration so as to prevent minors from feeling compelled to migrate from their communities, while taking into account the need to promote capacity-building activities;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Adolescents
- Children
- Persons on the move
- Year
- 2015
- Paragraph type
- OP
Paragraph
Protection of migrants 2003, para. 21
- Paragraph text
- Encourages States of origin to promote and protect the human rights of those families of migrant workers which remain in the countries of origin, paying particular attention to children and adolescents whose parents have emigrated, and encourages international organizations to consider supporting States in this regard;
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Adolescents
- Children
- Families
- Persons on the move
- Year
- 2003
- Paragraph type
- OP
Paragraph
Unaccompanied migrant children and adolescents and human rights 2015, para. 7
- Paragraph text
- Decides to remain seized of the matter.
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Adolescents
- Children
- Persons on the move
- Year
- 2015
- Paragraph type
- OP
Paragraph
Migrant children and adolescents 2014, para. 2
- Paragraph text
- Calls upon countries of origin, transit and destination to facilitate family reunification as an important objective in order to promote the welfare and the best interest of migrant children, including adolescents, as applicable under national law, due process and the relevant provisions of the Convention on the Rights of the Child and the Optional Protocols thereto, and to comply with the consular notification and access obligations set forth in the Vienna Convention on Consular Relations so that States may provide child-friendly consular assistance, as appropriate, including legal assistance;
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Adolescents
- Children
- Families
- Persons on the move
- Year
- 2014
- Paragraph type
- OP
Paragraph