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SOME RESPECT FOR THE LITTLE ONE’S RIGHTS
- DOCUMENT

In any proceedings pursuant to paragraph 1 of the present article, all interested parties shall be given an opportunity to participate in the proceedings and make their views known.

Parties shall respect the right of the child separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child’s best interests.

Where such separation results from any action initiated by the state, such as the detention, imprisonment, exile, deportation or death (including death arising from any cause while the person is in the custody of the state) of one or both parents or of the child, that state shall, upon request, provide the parents, the child or, if appropriate, another member of the family with the essential information concerning the whereabouts of the absent member(s) of the family unless the provision of the information would be detrimental to the well-being of the child. States shall further ensure that the submission of such a request shall of itself entail no adverse consequences for the person(s) concerned.

Article 10:

In accordance with the obligation of states under article 9, paragraph 1, applications by a child or his or her parents to enter or leave a state for the purpose of family reunification shall be dealt with by states in a positive, humane and expeditious manner. States shall further ensure that the submission of such a request shall entail no adverse consequences for the applicants and for the members of their family.

A child whose parents reside in different states shall have the right to maintain on a regular basis, save in exceptional circumstances, personal relations and direct contact with both parents. Towards that end and in accordance with the obligation of states under article 9, paragraph 2, states shall respect the right of the child and his or her parents to leave any country, including their own, and to enter their own country. The right to leave any country shall be subject only to such restrictions as are prescribed by law and which are necessary to protect the national security, public order... public health or morals or the rights and freedoms of others and are consistent with the other rights recognized in the present convention.

Article 11:

States shall take measures to combat the illicit transfer and non-return of children abroad. To this end, states shall promote the conclusion of bilateral or multilateral agreements or accession to existing agreements.

Article 12:

States shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.

For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.

Article 13:

The child shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child’s choice.

The exercise of this right may be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:

(a) For respect of the rights or reputations of others; or

(b) For the protection of national security or of public order, or of public health or morals.

Article 14:

States shall respect the right of the child to freedom of thought, conscience and religion.

States shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child.

Freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others.

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