The member States of the
Council of Europe and the other States signatory hereto,
Considering that the aim of the Council of Europe is to achieve greater
unity between its members;
Having regard to the United Nations Convention on the rights of the child
and in particular Article 4 which requires States Parties to undertake all
appropriate legislative, administrative and other measures for the
implementation of the rights recognised in the said Convention;
Noting the contents of Recommendation 1121 (1990) of the Parliamentary
Assembly on the rights of the child;
Convinced that the rights and best interests of children should be promoted
and to that end children should have the opportunity to exercise their
rights, in particular in family proceedings affecting them;
Recognising that children should be provided with relevant information to
enable such rights and best interests to be promoted and that due weight
should be given to the views of children;
Recognising the importance of the parental role in protecting and promoting
the rights and best interests of children and considering that, where
necessary, States should also engage in such protection and promotion;
Considering, however, that in the event of conflict it is desirable for
families to try to reach agreement before bringing the matter before a
judicial authority,
Have agreed as follows:
Chapter I –
Scope and object of the Convention and definitions
This Convention shall apply
to children who have not reached the age of 18 years.
The object of the present
Convention is, in the best interests of children, to promote their rights,
to grant them procedural rights and to facilitate the exercise of these
rights by ensuring that children are, themselves or through other persons
or bodies, informed and allowed to participate in proceedings affecting
them before a judicial authority.
For the purposes of this
Convention proceedings before a judicial authority affecting children are
family proceedings, in particular those involving the exercise of parental
responsibilities such as residence and access to children.
Every State shall, at the
time of signature or when depositing its instrument of ratification,
acceptance, approval or accession, by a declaration addressed to the
Secretary General of the Council of Europe, specify at least three
categories of family cases before a judicial authority to which this
Convention is to apply.
Any Party may, by further
declaration, specify additional categories of family cases to which this
Convention is to apply or provide information concerning the application
of Article 5, paragraph 2 of Article 9, paragraph 2 of Article 10 and
Article 11.
Nothing in this Convention
shall prevent Parties from applying rules more favourable to the promotion
and the exercise of children's rights.
the term "judicial
authority" means a court or an administrative authority having
equivalent powers;
the term "holders of
parental responsibilities" means parents and other persons or
bodies entitled to exercise some or all parental responsibilities;
the term
"representative" means a person, such as a lawyer, or a body
appointed to act before a judicial authority on behalf of a child;
the term "relevant
information" means information which is appropriate to the age and
understanding of the child, and which will be given to enable the child
to exercise his or her rights fully unless the provision of such
information were contrary to the welfare of the child.
Chapter II
– Procedural measures to promote the exercise of children's rights
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:
to receive all relevant
information;
to be consulted and express
his or her views;
to be informed of the
possible consequences of compliance with these views and the possible
consequences of any decision.
Subject to Article 9, the
child shall have the right to apply, in person or through other persons or
bodies, for a special representative in proceedings before a judicial
authority affecting the child where internal law precludes the holders of
parental responsibilities from representing the child as a result of a
conflict of interest with the latter.
States are free to limit the
right in paragraph 1 to children who are considered by internal law to
have sufficient understanding.
Parties shall consider
granting children additional procedural rights in relation to proceedings
before a judicial authority affecting them, in particular:
the right to apply to be
assisted by an appropriate person of their choice in order to help them
express their views;
the right to apply
themselves, or through other persons or bodies, for the appointment of a
separate representative, in appropriate cases a lawyer;
the right to appoint their
own representative;
the right to exercise some
or all of the rights of parties to such proceedings.
In proceedings affecting a
child, the judicial authority, before taking a decision, shall:
consider whether it has
sufficient information at its disposal in order to take a decision in
the best interests of the child and, where necessary, it shall obtain
further information, in particular from the holders of parental
responsibilities;
in a case where the child
is considered by internal law as having sufficient understanding:
ensure that the child
has received all relevant information;
consult the child in
person in appropriate cases, if necessary privately, itself or
through other persons or bodies, in a manner appropriate to his or
her understanding, unless this would be manifestly contrary to the
best interests of the child;
allow the child to
express his or her views;
give due weight to the
views expressed by the child.
In proceedings affecting a
child the judicial authority shall act speedily to avoid any unnecessary
delay and procedures shall be available to ensure that its decisions are
rapidly enforced. In urgent cases the judicial authority shall have the
power, where appropriate, to take decisions which are immediately
enforceable.
In proceedings affecting a
child the judicial authority shall have the power to act on its own motion
in cases determined by internal law where the welfare of a child is in
serious danger.
In proceedings affecting a
child where, by internal law, the holders of parental responsibilities are
precluded from representing the child as a result of a conflict of
interest between them and the child, the judicial authority shall have the
power to appoint a special representative for the child in those
proceedings.
Parties shall consider
providing that, in proceedings affecting a child, the judicial authority
shall have the power to appoint a separate representative, in appropriate
cases a lawyer, to represent the child.
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:
provide all relevant
information to the child, if the child is considered by internal law
as having sufficient understanding;
provide explanations to
the child if the child is considered by internal law as having
sufficient understanding, concerning the possible consequences of
compliance with his or her views and the possible consequences of any
action by the representative;
determine the views of
the child and present these views to the judicial authority.
Parties shall consider
extending the provisions of paragraph 1 to the holders of parental
responsibilities.
Parties shall consider
extending the provisions of Articles 3, 4 and 9 to proceedings affecting
children before other bodies and to matters affecting children which are not
the subject of proceedings.
Parties shall encourage,
through bodies which perform, inter alia, the functions set out in
paragraph 2, the promotion and the exercise of children's rights.
The functions are as follows:
to make proposals to
strengthen the law relating to the exercise of children's rights;
to give opinions
concerning draft legislation relating to the exercise of children's
rights;
to provide general
information concerning the exercise of children's rights to the media,
the public and persons and bodies dealing with questions relating to
children;
to seek the views of
children and provide them with relevant information.
In order to prevent or resolve
disputes or to avoid proceedings before a judicial authority affecting
children, Parties shall encourage the provision of mediation or other
processes to resolve disputes and the use of such processes to reach
agreement in appropriate cases to be determined by Parties.
Where internal law provides
for legal aid or advice for the representation of children in proceedings
before a judicial authority affecting them, such provisions shall apply in
relation to the matters covered by Articles 4 and 9.
This Convention shall not
restrict the application of any other international instrument which deals
with specific issues arising in the context of the protection of children
and families, and to which a Party to this Convention is, or becomes, a
Party.
A Standing Committee is set
up for the purposes of this Convention.
The Standing Committee shall
keep under review problems relating to this Convention. It may, in
particular:
consider any relevant
questions concerning the interpretation or implementation of the
Convention. The Standing Committee's conclusions concerning the
implementation of the Convention may take the form of a
recommendation; recommendations shall be adopted by a three-quarters
majority of the votes cast;
propose amendments to the
Convention and examine those proposed in accordance with Article 20;
provide advice and
assistance to the national bodies having the functions under paragraph
2 of Article 12 and promote international co-operation between them.
Each Party may be represented
on the Standing Committee by one or more delegates. Each Party shall have
one vote.
Any State referred to in
Article 21, which is not a Party to this Convention, may be represented in
the Standing Committee by an observer. The same applies to any other State
or to the European Community after having been invited to accede to the
Convention in accordance with the provisions of Article 22.
Unless a Party has informed
the Secretary General of its objection, at least one month before the
meeting, the Standing Committee may invite the following to attend as
observers at all its meetings or at one meeting or part of a meeting:
any State not referred to
in paragraph 2 above;
the United Nations
Committee on the Rights of the Child;
the European Community;
any international
governmental body;
any international
non-governmental body with one or more functions mentioned under
paragraph 2 of Article 12;
any national governmental
or non-governmental body with one or more functions mentioned under
paragraph 2 of Article 12.
The Standing Committee may
exchange information with relevant organisations dealing with the exercise
of children's rights.
At the end of the third year
following the date of entry into force of this Convention and, on his or
her own initiative, at any time after this date, the Secretary General of
the Council of Europe shall invite the Standing Committee to meet.
Decisions may only be taken
in the Standing Committee if at least one-half of the Parties are present.
Subject to Articles 16 and 20
the decisions of the Standing Committee shall be taken by a majority of
the members present.
Subject to the provisions of
this Convention the Standing Committee shall draw up its own rules of
procedure and the rules of procedure of any working party it may set up to
carry out all appropriate tasks under the Convention.
After each meeting, the
Standing Committee shall forward to the Parties and the Committee of
Ministers of the Council of Europe a report on its discussions and any
decisions taken.
Any amendment to the articles
of this Convention proposed by a Party or the Standing Committee shall be
communicated to the Secretary General of the Council of Europe and
forwarded by him or her, at least two months before the next meeting of
the Standing Committee, to the member States of the Council of Europe, any
signatory, any Party, any State invited to sign this Convention in
accordance with the provisions of Article 21 and any State or the European
Community invited to accede to it in accordance with the provisions of
Article 22.
Any amendment proposed in
accordance with the provisions of the preceding paragraph shall be
examined by the Standing Committee which shall submit the text adopted by
a three-quarters majority of the votes cast to the Committee of Ministers
for approval. After its approval, this text shall be forwarded to the
Parties for acceptance.
Any amendment shall enter
into force on the first day of the month following the expiration of a
period of one month after the date on which all Parties have informed the
Secretary General that they have accepted it.
This Convention shall be open
for signature by the member States of the Council of Europe and the
non-member States which have participated in its elaboration.
This Convention is subject to
ratification, acceptance or approval. Instruments of ratification,
acceptance or approval shall be deposited with the Secretary General of
the Council of Europe.
This Convention shall enter
into force on the first day of the month following the expiration of a
period of three months after the date on which three States, including at
least two member States of the Council of Europe, have expressed their
consent to be bound by the Convention in accordance with the provisions of
the preceding paragraph.
In respect of any signatory
which subsequently expresses its consent to be bound by it, the Convention
shall enter into force on the first day of the month following the
expiration of a period of three months after the date of the deposit of
its instrument of ratification, acceptance or approval.
After the entry into force of
this Convention, the Committee of Ministers of the Council of Europe may,
on its own initiative or following a proposal from the Standing Committee
and after consultation of the Parties, invite any non-member State of the
Council of Europe, which has not participated in the elaboration of the
Convention, as well as the European Community to accede to this Convention
by a decision taken by the majority provided for in Article 20,
sub-paragraph d of the Statute of the Council of Europe, and by the
unanimous vote of the representatives of the contracting States entitled
to sit on the Committee of Ministers.
In respect of any acceding
State or the European Community, the Convention shall enter into force on
the first day of the month following the expiration of a period of three
months after the date of deposit of the instrument of accession with the
Secretary General of the Council of Europe.
Any State may, at the time of
signature or when depositing its instrument of ratification, acceptance,
approval or accession, specify the territory or territories to which this
Convention shall apply.
Any Party may, at any later
date, by a declaration addressed to the Secretary General of the Council
of Europe, extend the application of this Convention to any other
territory specified in the declaration and for whose international
relations it is responsible or on whose behalf it is authorised to give
undertakings. In respect of such territory the Convention shall enter into
force on the first day of the month following the expiration of a period
of three months after the date of receipt of such declaration by the
Secretary General.
Any declaration made under
the two preceding paragraphs may, in respect of any territory specified in
such declaration, be withdrawn by a notification addressed to the
Secretary General. The withdrawal shall become effective on the first day
of the month following the expiration of a period of three months after
the date of receipt of such notification by the Secretary General.
Any Party may at any time
denounce this Convention by means of a notification addressed to the
Secretary General of the Council of Europe.
Such denunciation shall
become effective on the first day of the month following the expiration of
a period of three months after the date of receipt of notification by the
Secretary General.
The Secretary General of the
Council of Europe shall notify the member States of the Council, any
signatory, any Party and any other State or the European Community which has
been invited to accede to this Convention of:
any signature;
the deposit of any
instrument of ratification, acceptance, approval or accession;
any date of entry into
force of this Convention in accordance with Articles 21 or 22;
any amendment adopted in
accordance with Article 20 and the date on which such an amendment
enters into force;
any declaration made under
the provisions of Articles 1 and 23;
any denunciation made in
pursuance of the provisions of Article 25;
any other act, notification
or communication relating to this Convention.
In witness whereof, the
undersigned, being duly authorised thereto, have signed this Convention.
Done at Strasbourg, the 25th January 1996, in English and French, both texts
being equally authentic, in a single copy which shall be deposited in the
archives of the Council of Europe. The Secretary General of the Council of
Europe shall transmit certified copies to each member State of the Council
of Europe, to the non-member States which have participated in the
elaboration of this Convention, to the European Community and to any State
invited to accede to this Convention.
