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Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 38. With the exception of special measures authorized by the present Convention, in particularly by Article 27 and 41 thereof, the situation of protected persons shall continue to be regulated, in principle, by the provisions concerning aliens in time of peace. In any case, the following rights shall be granted to them: (1) they shall be enabled to receive the individual or collective relief that may be sent to them. (2) they shall, if their state of health so requires, receive medical attention and hospital treatment to the same extent as the nationals of the State concerned. (3) they shall be allowed to practise their religion and to receive spiritual assistance from ministers of their faith. (4) if they reside in an area particularly exposed to the dangers of war, they shall be authorized to move from that area to the same extent as the nationals of the State concerned. (5) children under fifteen years, pregnant women and mothers of children under seven years shall benefit by any preferential treatment to the same extent as the nationals of the State concerned.
- Organismo
- International Committee of the Red Cross
- Tipo de documento
- International treaty
- Temas
- Equality & Inclusion
- Health
- Humanitarian
- Personas afectadas
- Children
- Women
- Año
- 1949
Párrafo
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 17. The Parties to the conflict shall endeavour to conclude local agreements for the removal from besieged or encircled areas, of wounded, sick, infirm, and aged persons, children and maternity cases, and for the passage of ministers of all religions, medical personnel and medical equipment on their way to such areas.
- Organismo
- International Committee of the Red Cross
- Tipo de documento
- International treaty
- Temas
- Humanitarian
- Personas afectadas
- Children
- Año
- 1949
Párrafo
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.
- Organismo
- International Committee of the Red Cross
- Tipo de documento
- International treaty
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Humanitarian
- Movement
- Personas afectadas
- Children
- Families
- Año
- 1949
Párrafo
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 14. In time of peace, the High Contracting Parties and, after the outbreak of hostilities, the Parties thereto, may establish in their own territory and, if the need arises, in occupied areas, hospital and safety zones and localities so organized as to protect from the effects of war, wounded, sick and aged persons, children under fifteen, expectant mothers and mothers of children under seven. Upon the outbreak and during the course of hostilities, the Parties concerned may conclude agreements on mutual recognition of the zones and localities they have created. They may for this purpose implement the provisions of the Draft Agreement annexed to the present Convention, with such amendments as they may consider necessary. The Protecting Powers and the International Committee of the Red Cross are invited to lend their good offices in order to facilitate the institution and recognition of these hospital and safety zones and localities.
- Organismo
- International Committee of the Red Cross
- Tipo de documento
- International treaty
- Temas
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- Children
- Infants
- Año
- 1949
Párrafo
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 24. The Parties to the conflict shall take the necessary measures to ensure that children under fifteen, who are orphaned or are separated from their families as a result of the war, are not left to their own resources, and that their maintenance, the exercise of their religion and their education are facilitated in all circumstances. Their education shall, as far as possible, be entrusted to persons of a similar cultural tradition. The Parties to the conflict shall facilitate the reception of such children in a neutral country for the duration of the conflict with the consent of the Protecting Power, if any, and under due safeguards for the observance of the principles stated in the first paragraph. They shall, furthermore, endeavour to arrange for all children under twelve to be identified by the wearing of identity discs, or by some other means.
- Organismo
- International Committee of the Red Cross
- Tipo de documento
- International treaty
- Temas
- Equality & Inclusion
- Humanitarian
- Personas afectadas
- Children
- Families
- Año
- 1949
Párrafo
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 132. Each interned person shall be released by the Detaining Power as soon as the reasons which necessitated his internment no longer exist. The Parties to the conflict shall, moreover, endeavour during the course of hostilities, to conclude agreements for the release, the repatriation, the return to places of residence or the accommodation in a neutral country of certain classes of internees, in particular children, pregnant women and mothers with infants and young children, wounded and sick, and internees who have been detained for a long time.
- Organismo
- International Committee of the Red Cross
- Tipo de documento
- International treaty
- Temas
- Humanitarian
- Personas afectadas
- Children
- Infants
- Women
- Año
- 1949
Párrafo
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 82. The Detaining Power shall, as far as possible, accommodate the internees according to their nationality, language and customs. Internees who are nationals of the same country shall not be separated merely because they have different languages. Throughout the duration of their internment, members of the same family, and in particular parents and children, shall be lodged together in the same place of internment, except when separation of a temporary nature is necessitated for reasons of employment or health or for the purposes of enforcement of the provisions of Chapter IX of the present Section. Internees may request that their children who are left at liberty without parental care shall be interned with them. Wherever possible, interned members of the same family shall be housed in the same premises and given separate accommodation from other internees, together with facilities for leading a proper family life.
- Organismo
- International Committee of the Red Cross
- Tipo de documento
- International treaty
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Movement
- Personas afectadas
- Children
- Families
- Persons on the move
- Año
- 1949
Párrafo
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 89. Daily food rations for internees shall be sufficient in quantity, quality and variety to keep internees in a good state of health and prevent the development of nutritional deficiencies. Account shall also be taken of the customary diet of the internees. Internees shall also be given the means by which they can prepare for themselves any additional food in their possession. Sufficient drinking water shall be supplied to internees. The use of tobacco shall be permitted. Internees who work shall receive additional rations in proportion to the kind of labour which they perform. Expectant and nursing mothers and children under fifteen years of age, shall be given additional food, in proportion to their physiological needs.
- Organismo
- International Committee of the Red Cross
- Tipo de documento
- International treaty
- Temas
- Food & Nutrition
- Health
- Humanitarian
- Personas afectadas
- Children
- Persons on the move
- Año
- 1949
Párrafo
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 94. The Detaining Power shall encourage intellectual, educational and recreational pursuits, sports and games amongst internees, whilst leaving them free to take part in them or not. It shall take all practicable measures to ensure the exercise thereof, in particular by providing suitable premises. All possible facilities shall be granted to internees to continue their studies or to take up new subjects. The education of children and young people shall be ensured; they shall be allowed to attend schools either within the place of internment or outside. Internees shall be given opportunities for physical exercise, sports and outdoor games. For this purpose, sufficient open spaces shall be set aside in all places of internment. Special playgrounds shall be reserved for children and young people.
- Organismo
- International Committee of the Red Cross
- Tipo de documento
- International treaty
- Temas
- Education
- Equality & Inclusion
- Humanitarian
- Personas afectadas
- Children
- Persons on the move
- Youth
- Año
- 1949
Párrafo
Convention on the Civil Aspects of International Child Abduction 1980, para. a
- Paragraph text
- Firmly convinced that the interests of children are of paramount importance in matters relating to their custody,
- Organismo
- Hague Conference on Private International Law
- Tipo de documento
- International treaty
- Temas
- Governance & Rule of Law
- Personas afectadas
- Children
- Año
- 1980
Párrafo
Convention on the Civil Aspects of International Child Abduction 1980, para. b
- Paragraph text
- Desiring to protect children internationally from the harmful effects of their wrongful removal or retention and to establish procedures to ensure their prompt return to the State of their habitual residence, as well as to secure protection for rights of access,
- Organismo
- Hague Conference on Private International Law
- Tipo de documento
- International treaty
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Children
- Año
- 1980
Párrafo
Convention on the Civil Aspects of International Child Abduction 1980, para. c
- Paragraph text
- Have resolved to conclude a Convention to this effect, and have agreed upon the following provisions -
- Organismo
- Hague Conference on Private International Law
- Tipo de documento
- International treaty
- Temas
- Governance & Rule of Law
- Personas afectadas
- Children
- Año
- 1980
Párrafo
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- The removal or the retention of a child is to be considered wrongful where: a) it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and b) at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention. The rights of custody mentioned in sub-paragraph a) above, may arise in particular by operation of law or by reason of a judicial or administrative decision, or by reason of an agreement having legal effect under the law of that State.
- Organismo
- Hague Conference on Private International Law
- Tipo de documento
- International treaty
- Temas
- Governance & Rule of Law
- Movement
- Violence
- Personas afectadas
- Children
- Año
- 1980
Párrafo
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- Where a child has been wrongfully removed or retained in terms of Article 3 and, at the date of the commencement of the proceedings before the judicial or administrative authority of the Contracting State where the child is, a period of less than one year has elapsed from the date of the wrongful removal or retention, the authority concerned shall order the return of the child forthwith. The judicial or administrative authority, even where the proceedings have been commenced after the expiration of the period of one year referred to in the preceding paragraph, shall also order the return of the child, unless it is demonstrated that the child is now settled in its new environment. Where the judicial or administrative authority in the requested State has reason to believe that the child has been taken to another State, it may stay the proceedings or dismiss the application for the return of the child.
- Organismo
- Hague Conference on Private International Law
- Tipo de documento
- International treaty
- Temas
- Governance & Rule of Law
- Violence
- Personas afectadas
- Children
- Año
- 1980
Párrafo
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- This Convention shall take priority in matters within its scope over the Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the protection of minors, as between Parties to both Conventions. Otherwise the present Convention shall not restrict the application of an international instrument in force between the State of origin and the State addressed or other law of the State addressed for the purposes of obtaining the return of a child who has been wrongfully removed or retained or of organising access rights.
- Organismo
- Hague Conference on Private International Law
- Tipo de documento
- International treaty
- Temas
- Governance & Rule of Law
- Movement
- Violence
- Personas afectadas
- Children
- Año
- 1980
Párrafo
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- The Convention shall remain in force for five years from the date of its entry into force in accordance with the first paragraph of Article 43 even for States which subsequently have ratified, accepted, approved it or acceded to it. If there has been no denunciation, it shall be renewed tacitly every five years. Any denunciation shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands at least six months before the expiry of the five year period. It may be limited to certain of the territories or territorial units to which the Convention applies. The denunciation shall have effect only as regards the State which has notified it. The Convention shall remain in force for the other Contracting States.
- Organismo
- Hague Conference on Private International Law
- Tipo de documento
- International treaty
- Temas
- Governance & Rule of Law
- Violence
- Personas afectadas
- Children
- Año
- 1980
Párrafo
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- The Convention shall enter into force on the first day of the third calendar month after the deposit of the third instrument of ratification, acceptance, approval or accession referred to in Articles 37 and 38. Thereafter the Convention shall enter into force: (1) for each State ratifying, accepting, approving or acceding to it subsequently, on the first day of the third calendar month after the deposit of its instrument of ratification, acceptance, approval or accession; (2) for any territory or territorial unit to which the Convention has been extended in conformity with Article 39 or 40, on the first day of the third calendar month after the notification referred to in that Article.
- Organismo
- Hague Conference on Private International Law
- Tipo de documento
- International treaty
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Children
- Año
- 1980
Párrafo
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- If a Contracting State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time. Any such declaration shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and shall state expressly the territorial units to which the Convention applies.
- Organismo
- Hague Conference on Private International Law
- Tipo de documento
- International treaty
- Temas
- Governance & Rule of Law
- Movement
- Violence
- Personas afectadas
- Children
- N.A.
- Año
- 1980
Párrafo
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- After receiving notice of a wrongful removal or retention of a child in the sense of Article 3, the judicial or administrative authorities of the Contracting State to which the child has been removed or in which it has been retained shall not decide on the merits of rights of custody until it has been determined that the child is not to be returned under this Convention or unless an application under this Convention is not lodged within a reasonable time following receipt of the notice.
- Organismo
- Hague Conference on Private International Law
- Tipo de documento
- International treaty
- Temas
- Governance & Rule of Law
- Movement
- Violence
- Personas afectadas
- Children
- Año
- 1980
Párrafo
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- Any other State may accede to the Convention. The instrument of accession shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands. The Convention shall enter into force for a State acceding to it on the first day of the third calendar month after the deposit of its instrument of accession. The accession will have effect only as regards the relations between the acceding State and such Contracting States as will have declared their acceptance of the accession. Such a declaration will also have to be made by any Member State ratifying, accepting or approving the Convention after an accession. Such declaration shall be deposited at the Ministry of Foreign Affairs of the Kingdom of the Netherlands; this Ministry shall forward, through diplomatic channels, a certified copy to each of the Contracting States. The Convention will enter into force as between the acceding State and the State that has declared its acceptance of the accession on the first day of the third calendar month after the deposit of the declaration of acceptance.
- Organismo
- Hague Conference on Private International Law
- Tipo de documento
- International treaty
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Children
- Año
- 1980
Párrafo
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- The Ministry of Foreign Affairs of the Kingdom of the Netherlands shall notify the States Members of the Conference, and the States which have acceded in accordance with Article 38, of the following: (1) the signatures and ratifications, acceptances and approvals referred to in Article 37; (2) the accessions referred to in Article 38; (3) the date on which the Convention enters into force in accordance with Article 43; (4) the extensions referred to in Article 39; (5) the declarations referred to in Articles 38 and 40; (6) the reservations referred to in Article 24 and Article 26, third paragraph, and the withdrawals referred to in Article 42; (7) the denunciations referred to in Article 44.
- Organismo
- Hague Conference on Private International Law
- Tipo de documento
- International treaty
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Children
- Año
- 1980
Párrafo
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- Any application, communication or other document sent to the Central Authority of the requested State shall be in the original language, and shall be accompanied by a translation into the official language or one of the official languages of the requested State or, where that is not feasible, a translation into French or English. However, a Contracting State may, by making a reservation in accordance with Article 42, object to the use of either French or English, but not both, in any application, communication or other document sent to its Central Authority.
- Organismo
- Hague Conference on Private International Law
- Tipo de documento
- International treaty
- Temas
- Governance & Rule of Law
- Movement
- Violence
- Personas afectadas
- Children
- Año
- 1980
Párrafo
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- The judicial or administrative authorities of a Contracting State may, prior to the making of an order for the return of the child, request that the applicant obtain from the authorities of the State of the habitual residence of the child a decision or other determination that the removal or retention was wrongful within the meaning of Article 3 of the Convention, where such a decision or determination may be obtained in that State. The Central Authorities of the Contracting States shall so far as practicable assist applicants to obtain such a decision or determination.
- Organismo
- Hague Conference on Private International Law
- Tipo de documento
- International treaty
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Children
- Año
- 1980
Párrafo
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- Any application submitted to the Central Authorities or directly to the judicial or administrative authorities of a Contracting State in accordance with the terms of this Convention, together with documents and any other information appended thereto or provided by a Central Authority, shall be admissible in the courts or administrative authorities of the Contracting States.
- Organismo
- Hague Conference on Private International Law
- Tipo de documento
- International treaty
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Children
- Año
- 1980
Párrafo
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- The Convention shall apply to any child who was habitually resident in a Contracting State immediately before any breach of custody or access rights. The Convention shall cease to apply when the child attains the age of 16 years.
- Organismo
- Hague Conference on Private International Law
- Tipo de documento
- International treaty
- Temas
- Governance & Rule of Law
- Violence
- Personas afectadas
- Children
- Año
- 1980
Párrafo
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- In relation to a State which in matters of custody of children has two or more systems of law applicable to different categories of persons, any reference to the law of that State shall be construed as referring to the legal system specified by the law of that State.
- Organismo
- Hague Conference on Private International Law
- Tipo de documento
- International treaty
- Temas
- Governance & Rule of Law
- Violence
- Personas afectadas
- Children
- Año
- 1980
Párrafo
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- A Central Authority may require that the application be accompanied by a written authorisation empowering it to act on behalf of the applicant, or to designate a representative so to act.
- Organismo
- Hague Conference on Private International Law
- Tipo de documento
- International treaty
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Children
- Año
- 1980
Párrafo
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Fourteenth Session. It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands.
- Organismo
- Hague Conference on Private International Law
- Tipo de documento
- International treaty
- Temas
- Governance & Rule of Law
- Movement
- Violence
- Personas afectadas
- Children
- Año
- 1980
Párrafo
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- A decision under this Convention concerning the return of the child shall not be taken to be a determination on the merits of any custody issue.
- Organismo
- Hague Conference on Private International Law
- Tipo de documento
- International treaty
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Children
- Año
- 1980
Párrafo
Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- Notwithstanding the provisions of the preceding Article, the judicial or administrative authority of the requested State is not bound to order the return of the child if the person, institution or other body which opposes its return establishes that: a) the person, institution or other body having the care of the person of the child was not actually exercising the custody rights at the time of removal or retention, or had consented to or subsequently acquiesced in the removal or retention; or b) there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation. The judicial or administrative authority may also refuse to order the return of the child if it finds that the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of its views. In considering the circumstances referred to in this Article, the judicial and administrative authorities shall take into account the information relating to the social background of the child provided by the Central Authority or other competent authority of the child's habitual residence.
- Organismo
- Hague Conference on Private International Law
- Tipo de documento
- International treaty
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Children
- Año
- 1980
Párrafo