Key Benefits:
ACT 620 OF 2000
(October 25)
Official Journal No 44.207 of 27 October 2000
PUBLIC POWER-LEGISLATIVE BRANCH
By means of which the "Inter-American Convention on the International Restitution of Minors" is approved, signed in Montevideo, Uruguay, on 15 (15) July of a thousand nine hundred and eighty-nine (1989), in the Fourth Conference Specialized Inter-American on Private International Law.
COLOMBIA CONGRESS
Having regard to the text of the "Inter-American Convention on the International Restitution of Minors", signed in Montevideo, Uruguay, on 15 (15) July of a thousand nine hundred and eighty-nine (1989), in the Fourth Specialized Conference Inter-American on Private International Law, which to the letter reads:
(To be transcribed: photocopy of the full text of the International Instrument mentioned, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs).
INTER-AMERICAN CONVENTION ON INTERNATIONAL CHILD RESTITUTION
Scope:
ARTICLE 1o. This Convention is intended to ensure the prompt return of minors who have habitual residence in one of the States Parties and have been illegally transferred from any State to a State Party or that having been lawfully transferred has been unlawfully held. It is also the object of this Convention to enforce the exercise of the right of visitation and the exercise of custody or custody by its holders.
ARTICLE 2o. For the purposes of this Convention, any person who has not been sixteen years of age is considered as minor.
ARTICLE 3o. For the purposes of this Convention:
a. The right of custody or guardian includes the right to care for the child and, in particular, the right to decide on his place of residence;
b. The right of access includes the right to take the child for a limited period to a place other than that of his habitual residence.
ARTICLE 4. It is considered illegal to move or hold a child when it occurs in violation of the rights they exercise, individually or jointly, parents, guardians or guarders, or any other institution, immediately prior to the occurrence of the event, in accordance with the law of the habitual residence of the child.
ARTICLE 5o. They may establish the procedure for the restitution of minors, in the exercise of the right of custody or similar, the persons and institutions designated in the article 4or.
ARTICLE 6o. They are competent to know of the request for the return of minors referred to in this Convention, the judicial or administrative authorities of the State Party where the child has his or her residence immediately prior to removal or retention.
At the option of the actor and where there are grounds of urgency, the application for restitution may be filed with the authorities of the State Party in whose territory the child is or is presumed to be illegally transferred or held, to the the time to make such a request; likewise, before the authorities of the State Party where the unlawful act has occurred which gave rise to the complaint.
The fact of promoting the application under the conditions set out in the preceding paragraph does not entail any modification of the international competition rules defined in the first paragraph of this article.
Central Authority
ARTICLE 7o. For the purposes of this Convention each State Party shall designate a central authority responsible for the fulfilment of its obligations under this Convention, and shall communicate such designation to the Secretary General of the Organization of American States.
In particular, the central authority shall collaborate with the actors of the procedure and with the competent authorities of the respective States to obtain the location and the return of the child; likewise, it shall carry out the arrangements to facilitate the rapid return and reception of the child, assisting those interested in obtaining the documents necessary 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 functioning of the Convention in order to ensure the immediate return of minors and the other objectives of this Convention.
REFUND PROCEDURE
1ARTICLE 8o. The holders of the refund procedure may exercise it in accordance with the provisions of Article 6, as follows:
a. Through exhort or letter rogatory; or
b. By application to the central authority, or
c. Directly, or through diplomatic or consular channels.
ARTICLE 9o. 1. The application or application referred to in the previous Article shall contain:
a. The background or facts relating to the transfer or retention, as well as sufficient information regarding the identity of the applicant, of the child being subtracted or retained and, if possible, of the person to whom the transfer or retention is charged;
b. The relevant information regarding the alleged location of the child, the circumstances and dates of the transfer abroad or the expiry of the authorised time limit, and
c. The grounds for entitlement in which the child's return is supported.
2. The application or application must be accompanied by:
a. Full and authentic copy of any judicial or administrative decision if it exists, or of the agreement that motivates it; the summary verification of the existing factual situation or, as the case may be, the claim of the applicable right;
b. Authentic documentation attesting to the applicant's procedural legitimisation;
c. Certification or information issued by the central authority of the State of habitual residence of the child or of any other competent authority of the same State, in relation to the law in force 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 make the return effective.
3. The competent authority may waive any of the requirements or the presentation of the documents required in this Article if, in its opinion, the refund is justified.
4. Appeals, applications and documents accompanying them shall not require legalisation where they are transmitted by the diplomatic or consular post or through the central authority.
ARTICLE 10. The requested judge, the central authority or other authorities of the State where the child is located shall, in accordance with their right and where appropriate, adopt all appropriate measures. for the voluntary return of the child.
If the return is not obtained on a voluntary basis, the judicial or administrative authorities, after verification of compliance with the requirements required by article 9or. and without further processing, shall take personal knowledge of the child, shall take the necessary measures to ensure their custody or provisional custody under the conditions which they shall advise in the circumstances and, if appropriate, shall have their refund without delay. In this case, the institution shall be notified that, in accordance with its domestic law, the rights of the child must be protected.
As long as the request for restitution is resolved, the competent authorities shall take the necessary measures to prevent the child from leaving the territory of his jurisdiction.
ARTICLE 11. The judicial or administrative authority of the requested State shall not be required to order the return of the child, when the person or institution that is opposed to the institution demonstrates:
a. That the holders of the claim or claim for restitution do not effectively exercise their right at the time of the transfer or retention, or have consented or lent their consent after such transfer or retention, or
b. That there is a serious risk that the return of the child could expose him to a physical or mental danger.
The requested authority may also refuse the return of the child if it finds that the child is opposed to returning and in the judgment of the child, the age and maturity of the child justify taking into account his or her opinion.
ARTICLE 12. The substantiated opposition referred to in the foregoing article shall be filed within eight working days from the time when the authority will take cognizance of the staff of the minor and will do so to know who is holding him.
The judicial or administrative authorities will evaluate the circumstances and the evidence provided by the opposition party to establish the refusal. They shall be aware of the applicable law and of the existing legal or administrative precedents in the State of the child's habitual residence, and shall require, if necessary, the assistance of the central authorities, or of the diplomatic or consular agents of the States Parties.
Within the sixty calendar days following the receipt of the opposition, the judicial or administrative authority shall dictate the relevant decision.
ARTICLE 13. If within the period of forty-five calendar days since the resolution by which the delivery authority is received by the requesting authority, the necessary measures have not been taken In order to make the transfer of the child cash, the orderly restitution and the providences adopted shall be without effect.
The costs of the transfer shall be borne by the actor in the event that the actor is without economic resources, the authorities of the requesting State may facilitate the costs of the transfer, without prejudice to the same against whom he will result. responsible for illegal movement or retention.
ARTICLE 14. The procedures provided for in this Convention shall be established within a period of one calendar year, counted from the date on which the child was transferred or retained. illegally.
With respect to minors whose whereabouts are unknown, the time limit will be computed from the moment they are precisely and effectively located.
By way of exception, the deadline of the year does not prevent the request for restitution from being accessed if the circumstances of the case warrant the requested authority's criteria, unless it is shown that the child has been integrated into the new application. environment.
ARTICLE 15. The return of the child does not imply prejudgment on the definitive determination of their custody or guardian.
ARTICLE 16. After you have been informed of the unlawful transfer of a minor or his or her retention within the framework of Article 4, the judicial or administrative authorities of the State Party to where the child has been transferred or where he is held, shall not be able to decide on the fund of the right of custody until it is established that the conditions of the Convention are not met for a return of the child or until a period of time A request for the application of this Convention has elapsed without a request for application of this Convention.
ARTICLE 17. The above provisions that are relevant do not limit the power of the judicial or administrative authority to order the return of the child at any time.
LOCATING MINORS
1ARTICLE 18. The central authority, or the authorities, judicial or administrative authorities of a State Party, at the request of any of the persons referred to in Article 5, as well as directly, may require the the competent authorities of another State Party is the location of minors who have the habitual residence in the State of the applicant authority and who are presumed to be illegally in the territory of the other State.
The application must be accompanied by any information supplied by the applicant or the requesting authority, concerning the location of the child and the identity of the person with whom the person is presumed to be.
ARTICLE 19. The central authority or judicial or administrative authorities of a State Party which, following the request referred to in the previous article, shall become aware that in its jurisdiction find a child illegally outside their habitual residence, they must immediately take all measures that are conducive to ensuring their health and avoid their concealment or transfer to another jurisdiction.
The location shall be communicated to the authorities of the requesting State.
ARTICLE 20. If the refund is not requested within the period of sixty calendar days, counted from the communication of the location of the child to the authorities of the requesting State, the measures adopted pursuant to Article 19 may be without effect.
The lifting of the measures shall not prevent the exercise of the right to apply for the refund, in accordance with the procedures and time limits laid down in this Convention.
VISITATION RIGHT
1ARTICLE 21. The application which is intended to enforce the exercise of rights of access by the holders may be addressed to the competent authorities of any State Party in accordance with the provisions of Article
GENERAL PROVISIONS
1ARTICLE 22. Appeals and requests relating to the refund and location may be transmitted to the body required by the parties concerned, by the courts, through the diplomatic or consular agents, or by the central authority. competent of the requesting State or required, as the case may be.
ARTICLE 23. The processing of the exhorts or requests referred to in this Convention and the measures to which it shall take place shall be free of charge and shall be exempt from any kind of tax, deposit or caution, whatever your name.
If those interested in the processing of the EEW or application have appointed a proxy in the required forum, the expenses and fees that will result from the exercise of the power that you grant, will be in charge of you.
However, when ordering the return of a child in accordance with the provisions of this Convention, the competent authorities may provide, in the light of the circumstances of the case, that the person who illegally transferred or retained the child pay the necessary costs incurred by the claimant, the other costs incurred in the location of the child, and the costs and expenses inherent in his refund.
ARTICLE 24. The steps and formalities necessary to make effective the fulfillment of letters rogatory must be practiced directly by the requested authority, and do not require intervention. of interested parties. The above does not prevent the parties from intervening in themselves or through proxy.
ARTICLE 25. The restitution of the child willing under this Convention may be denied when it is manifestly violative of the fundamental principles of the requested State enshrined in instruments of a universal and regional nature on human and child rights.
ARTICLE 26. This Convention shall not preclude the competent authorities from ordering the immediate return of the child when the transfer or retention of the child is a crime.
ARTICLE 27. The Inter-American Children's Institute will be in charge, as a specialized agency of the Organization of American States, to coordinate the activities of the central authorities in the field of this Convention, as well as the privileges to receive and evaluate information of States Parties to this Convention arising from the application of this Convention.
He will also have the task of cooperating with other relevant international organizations in this field.
FINAL PROVISIONS
1ARTICLE 28. This Convention shall be open for signature by the Member States of the Organization of American States.
ARTICLE 29. This convention is subject to ratification. The instruments of ratification shall be deposited with the General Secretariat of the Organization of American States.
ARTICLE 30. This Convention shall be open to the accession of any other State. The instruments of accession shall be deposited with the General Secretariat of the Organization of American States.
ARTICLE 31. Each State may make reservations to this Convention at the time of signing, ratifying or acceding to this Convention, provided that the reservation is based on one or more specific provisions, and that is incompatible with the purpose and purpose of this Convention.
ARTICLE 32. States Parties that have two or more territorial units in which different legal systems are governed by matters dealt with in this Convention may, in the the moment of signature, ratification or accession, that the Convention will apply to all its territorial units or only to one or more of them.
Such statements may be modified by subsequent declarations, which expressly specify the territorial units to which this Convention applies. Such subsequent declarations shall be transmitted to the General Secretariat of the Organization of American States and shall take effect thirty days after their receipt.
ARTICLE 33. With regard to a State that has in the field of the guardian of minors two or more systems of law applicable in different territorial units:
a. Any reference to habitual residence in that State provides for 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 child has his habitual residence.
ARTICLE 34. Among the Member States 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 Child abduction shall be governed by this Convention.
However, the States Parties may agree with each other on a bilateral basis the priority application of the abovementioned Hague Convention of 25 October 1980.
ARTICLE 35. This Convention shall not restrict the provisions of conventions that have been signed on this same subject matter or that will be signed in the future in a bilateral or multilateral manner by the parties. States Party, or the most favourable practices which those States may observe in this field.
ARTICLE 36. This Convention shall enter into force on the 30th day from the date on which the second instrument of ratification has been deposited.
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 30th day from the date on which the Convention has deposited its instrument of ratification or accession.
ARTICLE 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, starting from the date of deposit of the instrument of denunciation, the Convention shall cease in its effects for the reporting State, remaining to the other States Party.
ARTICLE 38. The original instrument of this Convention, whose texts in Spanish, French, English and Portuguese are equally authentic, shall be deposited with the General Secretariat of the Organization of the American States, which will send an authentic copy of its text to the United Nations Secretariat for registration and publication in accordance with Article 102 of its constituent 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, the signatures, the deposits of instruments of ratification, accession and denunciation, as well as the reserves it has. It shall also transmit to them the declarations provided for in the relevant Articles of this Convention.
In faith of which, the undersigned Plenipotentiaries, duly authorized by their respective governments, sign this Convention.
Made in the city of Montevideo, Eastern Republic of Uruguay, on the fifteenth of July of a thousand nine hundred and eighty-nine.
By Antigua and Barbuda:
For Antigua and Barbuda:
By Antigua and Barbuda:
Pour Antigua-et-Barbuda:
For Guatemala:
For Guatemala:
Pela Guatemala:
Pour Le Guatemala:
By the Commonwealth of the Bahamas:
For the Commonwealth of the Bahamas:
Commonwealth Pela das Bahamas:
Pour Le Commonwealth des Bahamas:
By Grenada:
For Grenada:
By Grenada:
Pour la Grenade:
By Mexico:
For Mexico:
Hair Mexico:
Pour le Mexique:
By Costa Rica:
For Costa Rica:
Pela Costa Rica:
Pour le Costa Rica:
For the Dominican Republic:
For the Dominican Republic:
Dominican Republic:
Pour la République Dominicaine:
By the United States of America:
For the United States of America:
Hairs America da America:
Pour les Etats-Unis d' Amérique:
By Barbados:
For Barbados:
By Barbados:
Pour la Barbade:
By St. Kitts and Nevis:
For St. Kitts and Nevis:
By St. Kitts and Nevis:
Pour St. Kitts et Nevis:
By Brazil:
For Brazil:
Hair Brasil:
Pour le Brésil:
For Honduras:
For Honduras:
For Honduras:
Pour le Honduras:
By Ecuador:
For Ecuador:
Equator Hair:
Pour l' Equateur:
By Chile:
For Chile:
Chile Hair:
Pour le Chili:
For Venezuela:
For Venezuela:
Pela Venezuela:
Pour le Venezuela:
By St. Vincent and the Grenadines:
For Saint Vincent and the Grenadines:
By Sæo Vicente and Grenadines:
Pour Saint-Vicent-et-Grenadines:
By Panama:
For Panama:
Hair Panama:
Pour le Panama:
By Suriname:
For Suriname:
Suriname Hair:
Pour le Suriname:
For Peru:
For Peru:
Hair Peru:
Pour le Perou:
For Paraguay:
For Paraguay:
Hair Paraguay:
Pour le Paraguai:
By Saint Lucia:
For Saint Lucia:
By Saint Lucia:
Pour Sainte-Lucie:
For Jamaica:
For Jamaica:
Pela Jamaica:
Pour la Jamaique:
By Trinidad and Tobago:
For Trinidad and Tobago:
By Trinidad and Tobago:
Pour La Trinite Et Tobago:
By Uruguay:
For Uruguay:
Uruguayan Hair:
Pour l' Uruguay:
For Nicaragua:
For Nicaragua:
Pela Nicaragua:
Pour le Nicaragua:
For Bolivia:
For Bolivia:
Pela Bolivia:
Pour le Bolivie:
For Haiti:
For Haiti:
Hair Haiti:
Pour Haiti:
By El Salvador:
For El Salvador:
By El Salvador:
Pour el Salvador:
For the Republic of Argentina:
For the Argentine Republic:
Pela Republic Argentina:
Pour la République Argentine:
For Colombia:
For Colombia:
Pela Colombia:
Pour la Colombie:
By the Commonwealth of Dominica:
For the Commonwealth of Dominica:
Commonwealth Pela da Dominica:
Pour le Commonwealth de la Dominique:
I certify that the pre-inserted document is a faithful and accurate copy of the authentic Spanish text of the Inter-American Convention on the International Restitution of Minors, signed in Montevideo, Uruguay, on 15 July 1989 at the Fourth Conference Specialized Inter-American on Private International Law: and that the signed instrument is deposited with the General Secretariat of the Organization of American States.
August 2, 1990
I hereby certify that the forging document is a true and faithful copy of the authentic text in English of the Inter-American convention on the international return of children, signed at Montevideo, Uruguay, on July 15, 1989, at the Fourth Inter-American Specialized Conference on Private International Law, and that the above-mentioned signed instrument is on deposit with the General Secretariat of the Organization of American States.
August 2. 1990
Certifico que o documento precedent e copia fiel e exata do texto authentic em portuguese da Conven útços "o interamericana sobre a restitui estitudo" o internacional de menores; e que o referado instrumento assinado contena-se deposited na Secretaria-Geral da Arranges " or two-American States.
August 2, 1990
Je certifié que le texte qui précète estune copie fidèle et conforme de la version authentique française aise de la Convention interaméricaine sur le retour international de mineurs; e que l' instrument susmentionné est déposé auprès du Secretariat général de l' Organisation des Etats Américains.
Le 2 a " ut 1990
By the Secretary General
For the Secretary General
Secretary-Geral Hair
Pour le Secretaire general
Hugo Caminos
Under-Secretary for Legal Affairs Under-Secretary of Legal Assuntos
OAS Secretary General Secretariat-Geral da OAS
Assistant Secretary for Legal Affairs Secretaire adjoint aux
OAS General Secretariat questions legal questions
Secretariat general de l' OEA
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Santa Fe de Bogota, D. C., September 10, 1992.
Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.
(Fdo.) ERNESTO SAMPER PIZANO
(Fdo.) MARIA EMMA MEJIA VELEZ
The Foreign Minister
DECRETA:
ARTICLE 1o. Approve the "Inter-American Convention on the International Restitution of Minors", signed in Montevideo, Uruguay, on 15 (15) July of a thousand nine hundred and eighty-nine (1989), in the Fourth Conference Specialized Inter-American on Private International Law.
ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a of 1944, the "Inter-American Convention on the International Restitution of Minors", signed in Montevideo, Uruguay, on 15 (15) July of a thousand nine hundred and eighty-nine (1989), in the Fourth Inter-American Specialized Conference on Private International Law, which under article 1or this law is approved, will force the country from the date on which the international link with respect to it is perfected.
ARTICLE 3o. This law applies as of the date of its publication.
MARIO URIBE ESCOBAR
The President of the honorable Senate of the Republic
MANUEL ENRIQUEZ ROSERO
The Secretary General of the honorable Senate of the Republic
BASILIO VILLAMIZAR TRUJILLO
The President of the Honourable House of Representatives
ANGELINO LIZANO RIVERA
The Secretary General of the Honourable House of Representatives
COLOMBIA-NATIONAL GOVERNMENT
Execute a review of the Constitutional Court in accordance with Article 241-10 of the Political Constitution.
COMMUNICATE AND PUBLISH
Dada en Bogotá, D. C., at 25 October 2000
ANDRES PASTRANA ARANGO
GUILLERMO FERNANDEZ DE SOTO
The Foreign Minister
ROMULO GONZALEZ TRUJILLO
The Minister of Justice and Law
