Conventions Restoring Minors - Their Approval - Full Text Of The Norm

Original Language Title: CONVENCIONES RESTITUCION DE MENORES - SU APROBACION - Texto completo de la norma

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CONVENTIONS Law 25.358 Adopt the Inter-American Convention on the International Restitution of Minors, adopted in Montevideo, the Eastern Republic of Uruguay.

Sanctioned: November 1, 2000.

In fact promulgated: November 29, 2000.

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc., sanction with force of Law:

ARTICLE 1 Approved the Inter-American Convention on International RESTITUTION DE MENORES, adopted in Montevideo .REPUBLICA ORIENTAL DEL URUGUAY el on July 15, 1989, which consists of TREINTA and OCHO (38) articles, whose authenticated photocopy is part of this law.

ARTICLE 2 Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, THE FIRST DAY OF THE MONTH OF NOVEMBER OF THE YEAR DOS MIL.

_

PASCUAL RAFAEL. . MARIO A. LOSADA. . Guillermo Aramburu. . Alejandro L. Colombo.

INTERAMERICAN CONVENTION ON INTERNATIONAL RESOURCES

APPLICATION

Article 1

The purpose of this Convention is to ensure the prompt restitution of minors who have habitual residence in one of the States Parties and have been unlawfully transferred from any State to a State Party or who have been legally transferred have been unlawfully detained. It is also the object of this Convention to respect the exercise of the right of visitation and the right of custody or custody by its owners.

Article 2

For the purposes of this Convention, every person who has not attained the age of sixteen is considered to be a minor.

Article 3

For the purposes of this Convention:

a. The right to custody or custody includes the right to care for the minor and, in particular, to decide his place of residence;

b. The right to visit includes the power to bring the minor for a period limited to a place other than his habitual residence.

Article 4

The transfer or retention of a minor is considered unlawful when it occurs in violation of the rights exercised by, individually or jointly, parents, guardians or guardians, or any institution, immediately before the act, in accordance with the law of the habitual residence of the minor.

Article 5

The procedure for restitution of minors may be instituted, in exercise of the right of custody or of a similar person or institution designated under Article 4.

Article 6

They are competent to hear the request for restitution of minors referred to in this Convention, the judicial or administrative authorities of the State party where the minor has his or her habitual residence immediately prior to his or her transfer or retention.

The request for restitution may be submitted to the State party ' s authorities in whose territory the minor is found or is supposed to be unlawfully transferred or detained at the time of such a request; likewise, to the State party ' s authorities where the wrongful act which gave rise to the claim has occurred.

The promotion of the application under the conditions provided for in the preceding paragraph does not imply a modification of the rules of international competence defined in the first paragraph of this article.

CENTRAL AUTHORITY

Article 7

For the purposes of this Convention, each State Party shall designate a central authority to fulfil its obligations under this Convention, and shall communicate such designation to the General Secretariat of the Organization of American States.

In particular, the central authority will work with the actors of the procedure and with the competent authorities of the respective States to obtain the location and restitution of the minor; it will also carry out arrangements to facilitate the prompt return and receipt of the minor, assisting those concerned in obtaining the necessary documents for the procedure provided for in this Convention.

The central authorities of the States Parties shall cooperate with each other and exchange information on the operation of the Convention in order to ensure the immediate restitution of minors and the other objectives of this Convention.

PROCEDURES FOR REESTITUTION

Article 8

The holders of the restitution procedure may exercise it in accordance with Article 6, as follows:

a. Through letter or letter rogatory; or

b. Upon request to the central authority, or

c. Directly, or through diplomatic or consular channels.

Article 9

1. The request or request referred to in the preceding article shall contain:

a. Background or facts relating to the transfer or retention, as well as sufficient information regarding the identity of the applicant, the minor who is subtracted or detained and, if possible, of the person to whom the transfer or retention is charged;

b. Relevant information concerning the alleged location of the minor, the circumstances and dates in which the transfer was made abroad or the expiry of the authorized time limit, and

c. The foundations of law supporting the restitution of the minor.

2. The request or request must be accompanied:

a. A full and authentic copy of any judicial or administrative resolution if it exists, or of the agreement that motivates it; the summary check of the existing factual situation or, as appropriate, the claim of the applicable respective law;

b. Authentic documentation that credits the applicant's procedural legitimation;

c. Certification or information issued by the central authority of the State of habitual residence of the minor or of any other competent authority of the same State in relation to the law in force in the matter in that State;

d. Where necessary, translation into the official language of the requested State of all documents referred to in this article, and

e. Indication of the necessary measures to implement the return.

3. The competent authority may dispense with any of the requirements or the submission of the documents required in this article if, in its opinion, restitution is justified.

4. The letters, requests and documents accompanying them shall not require legalization when transmitted through diplomatic or consular channels, or through the central authority.

Article 10

The exhorted judge, the central authority or other authorities of the State where the minor is located shall, in accordance with their right and where relevant, take all appropriate measures for the voluntary return of the minor.

If the return is not obtained on a voluntary basis, the judicial or administrative authorities, upon verification of compliance with the requirements required by Article 9 and without further processing, shall take personal knowledge of the minor, shall take the necessary measures to ensure his or her custody or custody in the conditions advising the circumstances and, if appropriate, shall promptly dispose of his or her restitution. In this case, the institution shall be informed that, under its domestic law, it is appropriate to protect the rights of the minor.

In addition, while the request for restitution is resolved, the competent authorities shall take the necessary measures to prevent the juvenile from leaving the territory of their jurisdiction.

Article 11

The judicial or administrative authority of the requested State shall not be obliged to order the restitution of the minor, when the person or institution presenting the opposition demonstrates:

a. That the holders of the request or request for restitution did not effectively exercise their right at the time of transfer or retention, or have consented or rendered their consent after such transfer or retention, or

b. There is a serious risk that the restitution of the minor may expose him to a physical or mental danger.

The exhorted authority may also reject the restitution of the minor if it proves that the minor is opposed to return and, in the opinion of the minor, the age and maturity of the minor is justified in taking into account his opinion.

Article 12

The underlying opposition referred to in the preceding article shall be presented within the term of eight working days from the time the authority takes personal knowledge of the minor and lets him know whom he retains him.

The judicial or administrative authorities shall evaluate the circumstances and evidence provided by the opposing party to base the refusal. They should be aware of the applicable law and of the case law or administrative precedents in the State of the habitual residence of the minor, and shall, if necessary, require the assistance of the central authorities, or of the diplomatic or consular agents of the States Parties.

Within sixty calendar days following the receipt of the opposition, the judicial or administrative authority shall issue the corresponding resolution.

Article 13

If within the forty-five calendar days of receipt by the requesting authority of the resolution providing for delivery, the necessary measures have not been taken to implement the transfer of the minor, the orderly restitution and the decisions taken shall be terminated.

The costs of the transfer shall be borne by the actor; in the event that the latter lacks economic resources, the authorities of the requesting State may facilitate the expenses of the transfer, without prejudice to repeating the same against the person responsible for the illegal movement or retention.

Article 14

The procedures provided for in this Convention shall be established within one calendar year of the date on which the minor has been unlawfully transferred or detained.

With regard to minors whose whereabouts are unknown, the time limit will be computed from the time they are accurate and effectively located.

With the exception of the expiration of the year ' s deadline, it does not prevent the application for restitution if, at the discretion of the required authority, the circumstances of the case are justified unless it is proved that the minor has been integrated into his new environment.

Article 15

Restitution of the minor does not imply prejudice to the final determination of his or her custody or custody.

Article 16

After having been informed of the unlawful transfer of a minor or of his or her retention under Article 4, the judicial or administrative authorities of the State party to which the minor has been transferred or where he or she is detained may not decide on the merits of the right of custody until it is proved that the conditions of the Convention for a return of the minor or until a reasonable period has elapsed without a request for implementation of this Convention.

Article 17

Previous relevant provisions do not limit the power of the judicial or administrative authority to order the restitution of the minor at any time.

LOCATION OF MENORES

Article 18

The central authority, or the judicial or administrative authorities of a State party, at the request of any of the persons referred to in Article 5, as well as those directly, may require the competent authorities of another State Party to locate minors who have the habitual residence in the State of the requesting authority and who are allegedly unlawfully in the territory of the other State.

The request shall be accompanied by all information provided by the applicant or by the requesting authority, concerning the location of the minor and the identity of the person with whom it is presumed.

Article 19

The central authority or the judicial or administrative authorities of a State party which, following the request referred to in the preceding article, make it known that in its jurisdiction a minor is unlawfully outside of his or her habitual residence, shall immediately take all measures that are conducive to ensuring his or her health and to prevent his or her hiding or transfer to another jurisdiction.

The location will be communicated to the authorities of the requesting State.

Article 20

If the restitution is not requested within the sixty calendar days from the communication of the location of the minor to the authorities of the requesting State, the measures adopted under Article 19 may be terminated.

The lifting of the measures shall not prevent the exercise of the right to request restitution, in accordance with the procedures and deadlines set out in this Convention.

RIGHT OF VISIT

Article 21

The request to respect the exercise of visiting rights by its holders may be addressed to the competent authorities of any State Party in accordance with Article 6 of this Convention. The respective procedure shall be provided for in this Convention for the restitution of the minor.

GENERAL PROVISIONS

Article 22

Appeals and requests for restitution and location may be transmitted to the body required by the parties concerned themselves, by judicial means, through diplomatic or consular agents, or by the competent central authority of the requesting or requested State, as appropriate.

Rule 23

The processing of the appeals or requests provided for in this Convention and the measures to be taken, shall be free of charge and shall be exempt from any kind of tax, deposit or caption, irrespective of their denomination.

If the persons concerned in the processing of the appeal or request have designated the required forum, the costs and fees incurred in the exercise of the power to grant shall be charged.

However, by ordering the restitution of a minor under the provisions of this Convention, the competent authorities may, in accordance with the circumstances of the case, provide that the person who unlawfully transferred or detained the minor pays the necessary expenses incurred by the claimant, the other incurred in the location of the minor, as well as the costs and expenses inherent in his restitution.

Article 24

The necessary steps and procedures to enforce compliance with the rogatory letters or letters must be practiced directly by the requested authority and do not require intervention by the interested party. This does not preclude the parties from intervening on their own or through securitization.

Article 25

The restitution of the minor pursuant to this Convention may be denied when it is manifestly in violation of the fundamental principles of the requested state enshrined in universal and regional instruments on human and child rights.

Article 26

This Convention shall not hinder the competent authorities from ordering the immediate restitution of the minor when the transfer or retention of the child constitutes an offence.

Article 27

The Inter-American Children ' s Institute will be responsible, as a Specialized Agency of the Organization of American States, for coordinating the activities of the central authorities within the scope of this Convention, as well as for the powers to receive and evaluate information from the States Parties to this Convention derived from its implementation.

It will also be responsible for cooperation with other relevant international agencies.

FINAL PROVISIONS

Rule 28

This Convention will be open for signature by the Member States of the Organization of American States.

Rule 29

This Convention is subject to ratification. Instruments of ratification shall be deposited with the General Secretariat of the Organization of American States.

Article 30

This Convention shall be open to accession by any other State. Instruments of accession shall be deposited with the General Secretariat of the Organization of American States.

Rule 31

Each State may make reservations to this Convention at the time of signing, ratifying or acceding to it, provided that the reservation relates to one or more specific provisions, and is not incompatible with the object and purpose of this Convention.

Rule 32

States Parties with two or more territorial units governing different legal systems related to issues covered by this Convention may, at the time of signature, ratification or accession, declare that the Convention shall apply to all their territorial units or only to one or more of them.

Such declarations may be amended by subsequent declarations, which expressly specify the territorial units to which the present Convention shall apply. Such subsequent declarations shall be transmitted to the General Secretariat of the Organization of American States and shall take effect thirty days after receipt.

Rule 33

In respect of a State with regard to the custody of minors two or more systems of law applicable in different territorial units:

a. Any reference to the habitual residence in that State contemplates the habitual residence in a territorial unit of that State;

b. Any reference to the law of the State of habitual residence provides for the law of the territorial unit in which the minor has his habitual residence.

Rule 34

Among the States members of the Organization of American States that are part of this Convention and the Hague Convention of 25 October 1980 on the Civil Aspects of the International Abduction of Minors, this Convention shall govern.

However, States Parties may agree on the priority implementation of the above-mentioned Hague Convention of 25 October 1980.

Rule 35

This Convention shall not restrict the provisions of conventions that have been signed or signed in the future bilaterally or multilaterally by States Parties, or the most favourable practices that States may observe in this regard.

Article 36

This Convention shall enter into force on the thirtieth day from the date of deposit of the second instrument of ratification.

For each State ratifying or acceding to the Convention after the deposit of the second instrument of ratification, the Convention shall enter into force on the thirtieth day from the date on which such State deposited its instrument of ratification or accession.

Rule 37

This Convention shall govern indefinitely, but any State Party may denounce it. The instrument of denunciation shall be deposited with the General Secretariat of the Organization of American States. After one year, from the date of deposit of the instrument of denunciation, the convention shall cease its effects for the reporting State, remaining to the other States Parties.

Rule 38

The original instrument of this Convention, whose texts in English, French, English and Portuguese are equally authentic, shall be deposited with the General Secretariat of the Organization of American States, which shall send an authentic copy of its text to the Secretariat of the United Nations for registration and publication, in accordance with Article 102 of its Charter. The General Secretariat of the Organization of American States shall notify the member States of that Organization and the States that have acceded to the Convention, signatures, deposits of instruments of ratification, accession and denunciation, as well as any reservations. It shall also transmit to them the declarations provided for in the relevant articles of this Convention.

IN WITNESS WHY, the undersigned Plenipotentiaries, duly authorized by their respective Governments, sign this Convention.

HEAD IN THE MONTEVIDEO CIUDAD, ORIENTAL REPUBLIC From the URUGUAY, on the fifteenth of July, nine hundred and eighty-nine.