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EUROPEAN CONVENTION ON THE EXERCISE OF CHILDREN'S RIGHTS

 

Brief Summary

 

The European Convention on the Exercise of Children's Rights was adopted by the Council of Europe in 1995 and entered into force on July 1, 2000.  As of November, 2005, twenty four countries have signed the convention and ten have ratified.  Each country that has ratified the Convention is required to specify at least three types of family proceedings before judicial authorities to which the Convention will apply, including care procedures and removal and restriction of parental responsibilities. 

 

Relevant Sections

 

A. Procedural rights of a child

 

Article 3 Right to be informed and to express his or her views in proceedings

 

A child considered by internal law as having sufficient understanding, in the case of proceedings before a judicial authority affecting him or her, shall be granted, and shall be entitled to request, the following rights:

 

b. to be consulted and express his or her views;

 

B. Role of judicial authorities

 

Article 6 Decision-making process

 

In proceedings affecting a child, the judicial authority, before taking a decision, shall:

b.      in a case where the child is considered by internal law as having sufficient understanding:

o     allow the child to express his or her views;

c.   give due weight to the views expressed by the child.

C. Role of representatives

Article 10

  1. In the case of proceedings before a judicial authority affecting a child the representative shall, unless this would be manifestly contrary to the best interests of the child:

c.   determine the views of the child and present these views to the judicial authority.

  1. Parties shall consider extending the provisions of paragraph 1 to the holders of parental responsibilities.

 

Relevant Links

 

The Convention: http://conventions.coe.int/Treaty/EN/Treaties/Html/160.htm

 

Summary of the Convention: http://conventions.coe.int/Treaty/en/Summaries/Html/160.htm

 

Explanatory Report: http://conventions.coe.int/Treaty/en/Reports/Html/160.htm

 

List of Signatories and Ratifications: http://conventions.coe.int/Treaty/Commun/ChercheSig.asp?NT=160&CM=8&DF=29/11/2005&CL=ENG

 

Council of Europe:  http://www.coe.int/Defaulten.asp (General governing body which adopted the Convention)

 

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