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Act 880 2004

Original Language Title: LEY 880 de 2004

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880 OF 2004

(January 19)

Official Journal No. 45.437 of 21 January 2004

PUBLIC POWER-LEGISLATIVE BRANCH

By means of which the Inter-American Convention on the International Restitution of Minors is approved, signed in Montevideo, Uruguay, the fifteen (15) of July of a thousand nine hundred and eighty-nine (1989), in the Fourth Conference Inter-American Specialized on Private International Law.

Vigency Notes Summary

THE CONGRESS OF THE REPUBLIC

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 Inter-American Specialized Conference on Private International Law, which to the letter reads:

(To be transcribed: photocopy of the full text of the International Instrument mentioned).

LAW PROJECT 30 OF 2002

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 Inter-American Specialized on Private International Law.

THE CONGRESS OF THE REPUBLIC

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 Inter-American Specialized Conference on Private International Law, which to the letter reads:

(To be transcribed: photocopy of the full text of the International Instrument mentioned).

INTER-AMERICAN CONVENTION ON INTERNATIONAL CHILD RESTITUTION

APPLICATION SCOPE

ARTICLE 1.

This Convention aims 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 who have been transferred They would have been illegally held. It is also the object of this Convention to enforce the exercise of the right of visitation and the exercise of the right of custody or guardian by its holders.

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ARTICLE 2.

For the purposes of this Convention it is considered minor to any person who has not been sixteen years of age.

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ARTICLE 3.

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.

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ARTICLE 4.

It is considered illegal to transfer or hold a child when it occurs in violation of the rights exercised, individually or jointly, by parents, guardians or guarders, or any institution, immediately before the event occurs, in accordance with the law of the habitual residence of the child.

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ARTICLE 5.

They may establish the procedure for the restitution of minors, in exercise of the right of custody or similar, the persons and institutions designated in the article 4or.

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ARTICLE 6.

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 habitual residence immediately prior to his or her transfer or of their 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 led 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

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ARTICLE 7.

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 that designation to the General Secretariat of the Organization of the American States.

In particular, the central authority shall cooperate with the actors in the procedure and with the competent authorities of the respective States to obtain the location and return of the child; it shall also 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

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ARTICLE 8.

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

a) Through exhort or rogatory letter; or

b) By request to the central authority, or

c) Directly, or through diplomatic or consular channels.

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ARTICLE 9.

The application or claim referred to in the previous article must contain:

(a) The background or facts relating to the transfer or retention, as well as sufficient information regarding the identity of the applicant, the child being subtracted or retained and, if possible, the person to whom the transfer or the transfer is charged; retention;

(b) The relevant information regarding the alleged location of the child, the circumstances and dates of the transfer abroad or the expiration of the authorised time limit, and

c) The fundamentals of entitlement in which the child's restitution 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 to prove the applicant's procedural legitimacy;

(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.

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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 measures appropriate to the voluntary return of the child.

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 9or without further processing, shall take personal knowledge of the child, shall take the necessary measures to ensure his/her custody or provisional custody under the conditions which he/she shall advise in the circumstances and, if appropriate, shall have his refund without delay. In this case, the institution shall be notified that, in accordance with its domestic law, the rights of the child shall be protected.

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

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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 demonstrates:

(a) That the holders of the application 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 exhorted authority may also refuse the child's return if it finds that the child is opposed to returning and in the judgment of the child, the age and maturity of the child shall justify taking into account his opinion.

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ARTICLE 12.

The substantiated opposition referred to in the previous article must be filed within eight working days, counted from the time the authority takes personal knowledge of the child and will make it known to whom retains.

The judicial or administrative authorities will evaluate the circumstances and the evidence provided by the opposition party to establish the refusal. They shall be informed 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 appropriate resolution.

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ARTICLE 13.

If, within the period of forty-five calendar days after the request by the requesting authority for the delivery, the necessary measures have not been taken to make the removal of the child effective, The orderly restitution and the providences adopted shall be without effect.

The costs of the transfer shall be borne by the actor; if the actor is lacking in economic resources, the authorities of the requesting State may provide the costs of the shipment, without prejudice to the costs of the transfer. Illegal movement or retention.

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ARTICLE 14.

The procedures provided for in this Convention shall be established within a time period of one calendar year from the date on which the child was illegally transferred or held.

With respect to minors whose whereabouts are unknown, the time limit will be computed from the moment they are accurately 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.

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ARTICLE 15.

The return of the child does not imply prejudgment on the final determination of their custody or guardian.

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ARTICLE 16.

Having been informed of the unlawful transfer of a minor or of his or her retention within the framework of Article 4or, the judicial or administrative authorities of the State Party to which the child has been transferred or where it is withheld, may not decide on the merits of the right of guardian until it is established that the conditions of the Convention are not met for a return of the child or until a reasonable period has elapsed without it being presented a request for application of this Convention.

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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

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ARTICLE 18.

The central authority, or the judicial or administrative authorities of a State Party, upon request by any of the persons referred to in Article 5or as such 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 shall 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 applicant is presumed to be.

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ARTICLE 19.

The central authority or the judicial or administrative authorities of a State Party which, following the application referred to in the previous article, shall become aware that in its jurisdiction there is a minor illegally outside its jurisdiction. habitual residence, 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.

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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 taken pursuant to Article 19 may be left 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

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ARTICLE 21.

The application that is intended to enforce the exercise of the rights of access by its owners may be directed to the competent authorities of any State Party in accordance with the provisions of Article 6or this Convention. The respective procedure shall be that provided for in this Convention for the return of the child.

GENERAL PROVISIONS

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ARTICLE 22.

The appeals and requests relating to the return and the location may be transmitted to the body required by the parties concerned, through 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.

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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 their denomination.

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 you grant will be in charge.

However, when ordering the return of a child in accordance with the provisions of this Convention, the competent authorities may provide, on the basis 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 return.

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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 by interested parties. The above does not prevent the parties from intervening in themselves or through proxy.

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ARTICLE 25.

The return of the child disposed of under this Convention may be denied when it is manifestly in violation of the fundamental principles of the requested State enshrined in instruments of universal and regional rights human and child.

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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.

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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 powers to receive and evaluate information from States Parties to this Convention arising from the application of this Convention.

You will also have the task of cooperating with other relevant International Organizations in this field.

FINAL PROVISIONS

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ARTICLE 28.

This Convention shall be open to the signature of the Member States of the Organization of American States.

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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.

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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.

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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 it is not incompatible with the object and purpose of this Convention. Convention.

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ARTICLE 32.

States Parties which have two or more territorial units in which different legal systems relate to matters dealt with in this Convention may declare, at the time of signature, ratification or accession, that the Convention shall 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.

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ARTICLE 33.

With regard to a State with regard to the keeping 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 child has his habitual residence.

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ARTICLE 34.

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

However, States Parties may agree with each other on a bilateral basis with the priority application of the aforementioned Hague Convention of 25 October 1980.

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ARTICLE 35.

This Convention shall not restrict the provisions of conventions which have been signed on the same subject matter or which are signed in the future in a bilateral or multilateral manner by the States Parties, or the most favourable practices which Those States may observe in this matter.

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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.

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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.

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ARTICLE 38.

The original instrument of this Convention, whose texts in Spanish, French, English and Portuguese are equally authentic, will be deposited with the General Secretariat of the Organization of American States, which will send authentic copies 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, 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 FE OF THE CUAL, the undersigned Plenipotentiaries, duly authorized by their respective governments, sign this Convention.

DONE IN THE CITY OF MONTEVIDEO, EASTERN REPUBLIC OF URUGUAY, on the fifteenth of July of a thousand nine hundred and eighty-nine.

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 July 15, 1989, in 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.

November 20, 1989.

By the Secretary General,

HUGO PATHS,

Under Secretary for Legal Affairs,

Secretary General of the Organization of American States.

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Santa Fe de Bogota, D. C., September 10, 1997

Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.

(Fdo.) ERNESTO SAMPER PIZANO

The Foreign Minister,

(FDO.) MARIA EMMA MEJIA VELEZ.

DECRETA:

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ARTICLE 1o. Approve the Inter-American Convention on the International Restitution of Minors, signed in Montevideo, Uruguay, on the fifteen (15) of July of one thousand nine hundred and eighty-nine (1989), in the Fourth Inter-American Specialized Conference on Private International Law.

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ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the Inter-American Convention on the International Restitution of Minors, signed in Montevideo, Uruguay, on 15 July From one thousand nine hundred and eighty-nine (1989), in the Fourth Inter-American Specialized Conference on Private International Law, which by the first article of this law is approved, will force the country from the date on which the international link with respect to the same.

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ARTICLE 3o. This law governs from the date of its publication.

Dada en Bogotá, D. C., a ...

Presented to the honorable Congress of the Republic by the undersigned, Deputy Minister of Foreign Affairs, in charge of the functions of the Office of the Minister of Foreign Affairs and Minister of Justice and Law.

The Deputy Foreign Minister, in charge of the functions of the Office of the Foreign Minister,

FORWARD LENIENCY.

The Minister of Justice and Law,

ROMULO GONZALEZ TRUJILLO.

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Santa Fe de Bogota, D. C., September 10, 1997

Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.

(Fdo.) ERNESTO SAMPER PIZANO

The Foreign Minister,

(FDO.) MARIA EMMA MEJIA VELEZ.

DECRETA:

Ir al inicio

ARTICLE 1o. Approve the Inter-American Convention on the International Restitution of Minors, signed in Montevideo, Uruguay, on the fifteen (15) of July of one thousand nine hundred and eighty-nine (1989), in the Fourth Inter-American Specialized Conference on Private International Law.

Ir al inicio

ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the Inter-American Convention on the International Restitution of Minors, signed in Montevideo, Uruguay, the fifteen (15) of Jul In the Fourth Inter-American Specialized Conference on Private International Law, which is approved by the first article of this law, it will force the country from the date on which the international link with respect to the same.

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ARTICLE 3o. This law governs from the date of its publication.

Dada en Bogotá, D. C., a ...

Presented to the honorable Congress of the Republic by the undersigned Ministers of Foreign Affairs and Justice and Law.

The Foreign Minister,

GUILLERMO FERNANDEZ DE SOTO.

The Minister of Justice and Law,

ROMULO GONZALEZ TRUJILLO.

EXPLANATORY STATEMENT

Honorable Senators and Representatives:

On behalf of the National Government and in compliance with articles 150 numeral 16 and 189 numeral 2 of the Political Constitution of Colombia, We present to the honorable Congress of the Republic the Bill by means of which the Inter-American Convention on the International Restitution of Minors is approved, signed in Montevideo, Uruguay, the fifteen (15) of July Nine hundred and eighty-nine (1989), in the Fourth Specialized Conference Inter-American on Private International Law.

The Political Constitution in its article 44 enshrines the fundamental rights of children; among others, that of having a family and not being separated from it. It also foresees that they will enjoy the other rights enshrined in the Constitution, in the laws and in international treaties ratified by Colombia.

Decree 2737 of 1989, for which the Code of the Minor is issued, is another legal instrument in which the rights of the child are widely enshrined and protected. Title V of Part Three of this Code sets out the conditions and requirements to be met, as well as the procedure to be followed for the departure of the country's minor.

The United Nations Convention on the Rights of the Child, adopted by Law 12 of 1991 and ratified by Colombia on 28 January 1991, currently in force for Colombia, is one of the most important international instruments. importance in terms of recognition and protection of the rights of the child.

This convention in your article 5or precept that " States Parties shall respect the responsibilities, rights and duties of parents or, where appropriate, members of the family, extended or community, as established by the local custom, guardians or other persons legally entrusted to the child to deliver, in line with the development of their appropriate faculties, direction and guidance for the child to exercise the rights recognised in the present convention. " Within the same conceptual framework, the article 7or specifies that the child shall be entitled to a name, to acquire a nationality and, to the extent possible, to know their parents and to be cared for by them. The article is numbered 1 of Article 9or imposes an obligation on States Parties to " ... ensure that the child is not separated from his or her parents against the will of the child, except where the competent authorities determine, in accordance with applicable law and procedures, that such separation is necessary in the best interests of the child "and in the numeral 3 of the same article, which" shall respect the right of the child who is separated from one or both parents to maintain personal relationships and direct contact with both parents on a regular basis, unless otherwise to the best interest of the child. "

On the other hand, it is noteworthy that the repeated requests of the Ministry of Foreign Affairs, regarding the restitution of minors, which are not to be counted with a legal mechanism that would compromise the authorities of the others. States, generally remain mere expectations of those who pretend to assert the rights that they have in front of their children and especially to have them at their side. The Inter-American Convention that is the subject of this bill, I consider that once ratified, will be an effective tool to address, process and restore the child that is requested to be returned.

Convention Analysis

This Convention aims to ensure the prompt return of minors who have habitual residence in one of the States Parties or who have been illegally transferred from any State to a State Party, or who have been transferred legally would have been illegally held.

It is also the object of the Convention to enforce the exercise of the right of visitation and the exercise of the right of custody or guardian.

This Convention retains the philosophy applied to the "Convention on Civil Aspects of the International Child Abduction", signed in The Hague on October 25, 1980, which was approved by Law 173 of 1994 and in This has been effective for Colombia since 1 March 1996, keeping its eminently civilized character intact, clearly distinguishing the following aspects:

HOMELAND POWER. It is the set of rights that the law recognizes to parents about their unemancipated children, to facilitate those who fulfill the duties that their quality imposes on them and their effects have the characteristic of being of public order, indispensable, Inalienable, indomitable and openable "erga omnes".

CUSTODY AND PERSONAL CARE. It is translated into the office or function through which one has the power to raise, educate, guide, lead, form habits, direct, discipline the behavior, always with the sights set on the educating, on the incapable of acting and self-regulating in forms independent of their behaviour. The Inter-American Convention defines it as the right to care for the child and, in particular, to decide on his place of residence.

VISITATION RIGHT. Article 3or the Convention defines it as the ability to bring the child for a limited period to a place other than that of his habitual residence.

In order for the refund to proceed, that is, for the Convention to be put into operation, it is necessary that the transfer (to a State Party) or the illegal retention (in a State Party) of a minor with residence in another State Party is produced. The removal or retention of a child is considered illegal when carried out in violation of the rights exercised, individually or jointly, by parents, guardians or guarders, or any institution, immediately, before the event occurs, compliance with the law of habitual residence of the child. It is necessary to highlight the concept of HABITUAL RESIDENCE, which is defined as the place where the child has his or her life center.

The illegal shipment is commonly generated when the spouse's relationship is conflicting to such an extent that one of them moves the child to the child, obtaining the other person's child, in which the child is unable to to understand their situation and to put their interests in the background, with the direct intervention of the State being necessary through its judicial and administrative authorities. The "Inter-American Convention on the International Restitution of Minors" allows the father, victim of the illegal transfer of his children, to have effective elements to assert his rights, since the Contracting States through his Central authorities have committed themselves to return the child to the usual state of residence.

The Convention provides that the States Parties shall appoint a Central Authority which shall be responsible for the fulfilment of the obligations laid down therein, which shall cooperate with the actors of the procedure and with the competent authorities of the States to obtain the location and return of the child, carrying out the arrangements to facilitate the rapid return and the reception of the child, and assisting those interested in obtaining the necessary documents to advance the established procedure.

As to the procedure exercised by the holders, provided for in Article 8or, this shall be done by means of an appeal or a request to the central authority or directly by diplomatic means or consular. The requirements to be met by the requests are provided for in article 9or. It is important to note that the exhorts, requests and documents accompanying them do not require consular legalization when they are transmitted through diplomatic or consular channels, or through the central authority, making it more agile and The procedure for its operators.

Articles 10 to 13 are particularly concerned with the actions to be followed and the measures to be taken by both the central and administrative authorities for the prompt return of the child's voluntary return and to ensure his/her custody or provisional custody, if appropriate, without delay, to provide for the child's return, as well as the non-enforcement of the child's return when opposition is presented, after demonstration of the requirements set out therein.

In addition, Article 14 states that the procedures shall be established within a calendar year, from the date on which the child has been illegally transferred or retained, period which shall also be computed from the time when the minor is accurate and effectively located.

Articles 15 to 17 point to the effects of the procedure advanced by the judicial or administrative authorities regarding the child's restitution.

Articles 18 to 20 deal with the powers of the judicial or administrative authorities to advance the procedure for the location of the child who has their habitual residence in the territory, in accordance with the application and their accompanying documents, and to take the measures that are conducive to ensuring their health and to avoid their concealment or transfer to another jurisdiction.

Article 21 regulates the requests for respect of the right of visit and the procedure to be followed, which is governed in accordance with the article 6or convention. The other articles refer to the general and final provisions of the convention.

As can be observed, honorable Senators and Representatives, the National Government aware of the prevalence of the rights of the child and the protection of minors, the rights and obligations of parents to them and, with the the purpose of having a legal instrument, to speed up the procedures and to allow the effective action of the authorities in this field, to make them effective, subject to their consideration and request the approval of the Inter-American Convention ON THE INTERNATIONAL RESTITUTION OF MINORS, signed in Montevideo, Uruguay, on 15 July One thousand nine hundred and eighty-nine (1989), at the Fourth Inter-American Specialized Conference on Private International Law.

Of the honorable Senators and Representatives,

The Deputy Foreign Minister, in charge of the functions of the Office of the Foreign Minister,

FORWARD LENIENCY.

The Minister of Justice and Law,

ROMULO GONZALEZ TRUJILLO.

1998 Law 424

(January 13)

By which the international conventions signed by Colombia are ordered to follow.

COLOMBIA CONGRESS

DECRETA:

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ARTICLE 1o. The National Government through the Foreign Ministry will submit annually to the Senate and Chamber of Foreign Relations Committees, and within the first thirty days of the the legislative period beginning every July 20, a detailed report on how the existing International Conventions signed by Colombia with other States are being complied with and developed.

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ARTICLE 2o. Each dependency of the National Government charged with implementing the International Treaties of its competence and requiring reciprocity in them, will transfer the relevant information to the Ministry Foreign and East Relations, to the Commissions Seconds.

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ARTICLE 3o. The full text of this law shall be incorporated as an annex to any and all International Conventions that the Ministry of Foreign Affairs presents to the Congress.

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ARTICLE 4. This law governs from its enactment.

The President of the honorable Senate of the Republic,

AMYLKAR ACOSTA MEDINA.

The Secretary General of the honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the honorable House of Representatives,

CARLOS SQUIRLA BALLESTEROS.

The Secretary General of the honorable House of Representatives,

DIEGO VIVAS TAFUR.

COLOMBIA-NATIONAL GOVERNMENT

PUBLISH AND EXECUTE.

Dada en Santa Fe de Bogota, D. C., on January 13, 1998.

ERNESTO SAMPER PIZANO

The Foreign Minister,

MARIA EMMA MEJIA VELEZ.

EXECUTIVE BRANCH OF PUBLIC POWER

REPUBLIC OF THE REPUBLIC

Santa Fe de Bogota, D. C., September 10, 1997

Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.

(Fdo.) ERNESTO SAMPER PIZANO

The Foreign Minister,

(FDO.) MARIA EMMA MEJIA VELEZ.

DECRETA:

Ir al inicio

ARTICLE 1o. Approve the Inter-American Convention on the International Restitution of Minors, signed in Montevideo, Uruguay, on the fifteen (15) of July of one thousand nine hundred and eighty-nine (1989), in the Fourth Inter-American Specialized Conference on Private International Law.

Ir al inicio

ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the Inter-American Convention on the International Restitution of Minors, signed in Montevideo, Uruguay, on 15 July From one thousand nine hundred and eighty-nine (1989), in the Fourth Inter-American Specialized Conference on Private International Law, which by the first article of this law is approved, will force the country from the date on which the international link with respect to the same.

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