Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Considering articles 52 to 55 of the Constitution;
Vu la Act No. 2007-1155 of 1 August 2007 authorizing the approval of the European Convention on the Exercise of the Rights of Children;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France,
Decrete:
The European Convention on the Exercise of the Rights of Children, adopted in Strasbourg on 25 January 1996, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign and European Affairs are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
EUROPEAN CONVENTION
ON THE EXERCISE OF THE RIGHTS OF CHILDREN
Preamble
States members of the Council of Europe and other States, signatories to this Convention,
Considering that the purpose of the Council of Europe is to achieve a closer union between its members;
Taking into account the United Nations Convention on the Rights of the Child, and in particular Article 4, which requires that States Parties take all necessary legislative, administrative and other measures to implement the rights recognized in the Convention;
Noting the content of Recommendation 1121 (1990) of the Parliamentary Assembly on the rights of children;
Convinced that the rights and best interests of children should be promoted and that children should have the opportunity to exercise these rights, in particular in family proceedings affecting them;
Acknowledging that children should receive relevant information so that their rights and higher interests can be promoted, and that their views must be duly taken into account;
Acknowledging the importance of the role of parents in the protection and promotion of the rights and interests of their children and considering that States should, where appropriate, also take part in those rights and interests;
Considering, however, that, in the event of a conflict, it is appropriate for families to try to reach an agreement before bringing the matter to a judicial authority,
agreed that:
Chapter I
Scope
Convention and definitions
Article 1
Scope and purpose of the Convention
1. This Convention applies to children who have not reached the age of eighteen years.
2. The purpose of this Convention is to promote, in the best interests of children, their rights, to grant them procedural rights and to facilitate their exercise by ensuring that they may, themselves, or through other persons or bodies, be informed and authorized to participate in proceedings affecting them before a judicial authority.
3. For the purposes of this Convention, proceedings involving children before a judicial authority are family proceedings, in particular those relating to the exercise of parental responsibilities, including residence and access to children.
4. Any State shall, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, designate, by declaration addressed to the Secretary-General of the Council of Europe, at least three categories of family disputes before a judicial authority to which this Convention is intended to apply.
5. Any Party may, by additional declaration, complete the list of categories of family disputes to which this Convention is intended to apply or provide any information relating to the application of Articles 5, 9, paragraph 2, 10, paragraph 2, and 11.
6. This Convention does not prevent Parties from applying more favourable rules for the promotion and exercise of the rights of children.
Article 2
Definitions
For the purposes of this Convention:
(a) “Judicial Authority”, a court or administrative authority with equivalent competence;
(b) " Parental responsibilities " , parents and other persons or bodies entitled to exercise all or part of parental responsibilities;
(c) "Representative", a person, such as a lawyer, or a body appointed to act with a judicial authority on behalf of a child;
(d) "Relevant information", the appropriate information, taking into account the age and discernment of the child, which will be provided to the child to enable him to exercise his or her rights fully, unless the communication of such information affects his or her well-being.
Chapter II
Procedural measures
to promote the exercise of the rights of children
A. ― Procedural rights of a child
Article 3
Right to be informed and to express their opinion
procedures
A child who is considered by domestic law as having sufficient discernment, in the proceedings before a judicial authority, is given the following rights, which he or she may ask to benefit:
(a) Receive any relevant information;
(b) To be consulted and express his opinion;
(c) To be informed of the possible consequences of putting his opinion into practice and the possible consequences of any decision.
Article 4
Right to request the designation of a special representative
1. Subject to section 9, the child has the right to request, personally or through other persons or bodies, the appointment of a special representative in the proceedings of a judicial authority, where the domestic law deprives the holders of parental responsibilities of the faculty of representing the child because of a conflict of interest with the child.
2. States are free to provide that the right referred to in paragraph 1 applies only to children considered by domestic law as having sufficient discernment.
Article 5
Other possible procedural rights
Parties consider the opportunity to recognize children with additional procedural rights in proceedings involving children before a judicial authority, in particular:
(a) The right to ask to be assisted by an appropriate person of their choice in order to help them express their opinion;
(b) The right to request, or through other persons or bodies, the designation of a separate representative, in appropriate cases, a lawyer;
(c) The right to designate their own representative;
(d) The right to exercise all or part of the prerogatives of a party to such procedures.
B. Role of judicial authorities
Article 6
Decision-making
In proceedings involving a child, the judicial authority, before making any decision, must:
(a) Examine whether it has sufficient information to make a decision in the best interests of the decision and, where appropriate, to obtain additional information, in particular from the holders of parental responsibilities;
(b) When the child is considered by domestic law as having sufficient discernment:
ensuring that the child has received any relevant information;
- consult the child personally, if necessary in private, herself or through other persons or bodies, in a form appropriate to his or her discernment, unless it is clearly contrary to the best interests of the child;
― allowing the child to express his or her opinion;
(c) Take due account of the opinion expressed by the latter.
Article 7
Obligation to act promptly
In proceedings involving a child, the judicial authority must act promptly to avoid unnecessary delay. Procedures for the expeditious execution of decisions must be used. In the event of an emergency, the judicial authority, if any, has the power to make decisions that are immediately enforceable.
Article 8
Possibility of self-saisin
In proceedings involving a child, the judicial authority has the power, in cases determined by the domestic law where the well-being of the child is seriously threatened, to seize on its own motion.
Article 9
Designation of a representative
1. In proceedings involving a child, where, under domestic law, holders of parental responsibilities are denied the ability to represent the child as a result of a conflict of interest with the child, the judicial authority has the power to designate a special representative for the child in such proceedings.
2. Parties shall consider the possibility that, in proceedings involving a child, the judicial authority may appoint a separate representative, in appropriate cases, a lawyer to represent the child.
C. ― Role of representatives
Article 10
In the case of proceedings involving a child before a judicial authority, the representative must, unless it is clearly contrary to the best interests of the child:
(a) Provide any relevant information to the child, if the child is considered by domestic law as having sufficient discernment;
(b) Please provide explanations to the child, if the child is considered by domestic law as having sufficient discernment, regarding the possible consequences of his or her opinion being put into practice and the possible consequences of any action by the representative;
(c) Determine the views of the child and bring it to the attention of the judicial authority.
2. Parties shall consider the possibility of extending the provisions of paragraph 1 to the holders of parental responsibilities.
D. ∙ Extension of certain provisions
Article 11
Parties shall consider the possibility of extending the provisions of Articles 3, 4 and 9 to procedures involving children in other bodies as well as to matters of concern to children regardless of procedure.
E. ∙ National bodies
Article 12
1. Parties shall encourage, through bodies that have, inter alia, the functions referred to in paragraph 2, the promotion and exercise of the rights of children.
2. These functions are as follows:
(a) Make proposals to strengthen the legislative framework for the exercise of the rights of children;
(b) To provide advice on draft legislation relating to the exercise of the rights of children;
(c) Provide general information on the exercise of the rights of children to the media, the public and to persons or bodies dealing with children ' s issues;
(d) Seek the views of children and provide them with appropriate information.
F. ― Other measures
Article 13
Mediation and other methods of conflict resolution
In order to prevent or resolve conflicts, and to avoid procedures involving children before a judicial authority, Parties shall encourage the implementation of mediation or any other method of conflict resolution and their use to conclude an agreement, in appropriate cases determined by the Parties.
Article 14
Legal aid and legal advice
Where domestic law provides for legal aid or legal advice for the representation of children in proceedings affecting them before a judicial authority, such provisions apply to matters referred to in Articles 4 and 9.
Article 15
Relations with other international instruments
This Convention does not preclude the application of other international instruments dealing with issues specific to the protection of children and families, to which a Party to this Convention is, or becomes, a Party.
Chapter III
Standing Committee
Article 16
Establishment and functions of the Standing Committee
1. A standing committee shall be established for the purposes of this Convention.
2. The Standing Committee follows the problems related to this Convention. It may, in particular:
(a) Examine any relevant issues relating to the interpretation or implementation of the Convention. The conclusions of the Standing Committee on the implementation of the Convention may be in the form of a recommendation; the recommendations are adopted by a three-quarters majority of the votes cast;
(b) Propose amendments to the Convention and consider those formulated in accordance with Article 20;
(c) To provide advice and assistance to national bodies carrying out the functions referred to in paragraph 2 of Article 12 and to promote international cooperation between them.
Article 17
Composition
1. Any Party may be represented in the Standing Committee by one or more delegates. Each Party has a voice.
2. 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, upon invitation to accede to the Convention, in accordance with the provisions of Article 22.
3. Unless a Party, at least one month before the meeting, has not informed the Secretary-General of its objection, the Standing Committee may invite to participate as an observer at all meetings or at all or part of a meeting:
Any State not referred to in paragraph 2 above;
The UN Committee on the Rights of the Child;
The European Community;
Any international governmental body;
Any non-governmental international organization pursuing one or more of the functions referred to in paragraph 2 of Article 12;
Any national, governmental or non-governmental organization, performing one or more of the functions referred to in paragraph 2 of Article 12.
4. The Standing Committee may exchange information with appropriate organizations working to exercise the rights of children.
Article 18
Meetings
1. At the end of the third year following the date of entry into force of this Convention and, at its initiative, at any other time after that date, the Secretary-General of the Council of Europe will invite the Standing Committee to meet.
2. The Standing Committee may take a decision only if at least half of the Parties are present.
3. Subject to articles 16 and 20, the decisions of the Standing Committee shall be taken by a majority of the members present.
4. Subject to the provisions of this Convention, the Standing Committee shall establish its rules of procedure and the rules of procedure of any working group it constitutes to carry out all appropriate tasks under the Convention.
Article 19
Reports of the Standing Committee
After each meeting, the Standing Committee shall transmit to the Parties and the Committee of Ministers of the Council of Europe a report on its discussions and decisions taken.
Chapter IV
Amendments to the Convention
Rule 20
1. Any amendment to the articles of this Convention, proposed by a Party or by the Standing Committee, shall be communicated to the Secretary-General of the Council of Europe and transmitted by his care, at least two months before the next meeting of the Standing Committee, to the States members of the Council of Europe, to any signatory, to any Party, to any State invited to sign this Convention, in accordance with the provisions of Article 21, and to any State, or to the European Community, which has been invited to accede to it.
2. Any amendment proposed in accordance with the provisions of the preceding paragraph shall be considered by the Standing Committee, which shall submit the text adopted by a three-quarters majority vote expressed for approval by the Committee of Ministers. After its approval, this text is communicated to Parties for acceptance.
3. Any amendment shall enter into force on the first day of the month following the expiration of one month after the date on which all Parties have informed the Secretary-General that they have accepted it.
Chapter V
Final clauses
Article 21
Signature, ratification and entry into force
1. This Convention is open for signature by the Member States of the Council of Europe and the non-member States that participated in its elaboration.
2. This Convention shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval will be deposited with the Secretary General of the Council of Europe.
3. 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.
4. For any State that subsequently expresses its consent to be bound by the Convention, 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 its instrument of ratification, acceptance or approval.
Article 22
Non-member States and European Community
1. After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may, on its own initiative or on the proposal of the Standing Committee, and after consultation with the Parties, invite any non-member State of the Council of Europe that has not participated in the elaboration of the Convention, as well as the European Community, to accede to this Convention by a majority decision provided for in Article 20, paragraph (d), of the Statute of the Council of the
2. For any Member 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 the deposit of the instrument of accession to the Secretary General of the Council of Europe.
Article 23
Territorial application
1. Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, designate the territory or territories to which(s) this Convention shall apply.
2. Any Party may, at any time thereafter, by a declaration addressed to the Secretary-General of the Council of Europe, extend the application of this Convention to any other territory designated in the declaration, to which it provides international relations or to which it is authorized to provide. The Convention shall enter into force for that territory on the first day of the month following the expiration of a period of three months after the date of receipt of the declaration by the Secretary-General.
3. Any declaration made under the preceding two paragraphs may be withdrawn, with respect to the territory(s) designated in that declaration, by notification addressed to the Secretary-General. The withdrawal shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary-General.
Article 24
Reservations
No reservation to this Convention may be made.
Rule 25
Denunciation
1. Any Party may, at any time, denounce this Convention by making a notification to the Secretary-General of the Council of Europe.
2. The denunciation shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary-General.
Rule 26
Notifications
The Secretary General of the Council of Europe shall notify the States members of the Council, any signatory, any Party and any other State, or the European Community, which has been invited to accede to this Convention:
(a) Any signature;
(b) The deposit of any instrument of ratification, acceptance, approval or accession;
(c) Any effective date of this Convention, in accordance with Articles 21 or 22;
(d) Any amendment adopted in accordance with Article 20 and the date on which this amendment comes into force;
(e) Any declaration made under the provisions of articles 1 and 23;
(f) Any denunciation made under the provisions of Article 25;
(g) Any other act, notification or communication relating to this Convention.
In faith, the undersigned, duly authorized to do so, have signed this Convention.
Done in Strasbourg on 25 January 1996, in French and English, both texts being equally authentic, in a single copy which will be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies thereof to each member State of the Council of Europe, to the non-member States that have participated in the elaboration of this Convention, to the European Community and to any State invited to accede to this Convention.
STATEMENTS
Article 1, paragraph 4
France shall, in accordance with Article 1, paragraph 4, designate the following categories of family disputes to which the Convention is intended to apply to a judicial authority:
procedures for the exercise of parental authority;
procedures for determining the residence of the child;
- procedures relating to the organization of meetings of parental authority holders with the child;
- procedures establishing the terms and conditions of the child's relationship with third parties;
- educational assistance procedure for children in danger.
Article 2, subparagraph (b)
France interprets the concept of "holders of parental responsibilities" as defined in Article 2 (b) of the Convention as referring to the legal representatives of the child within the meaning of French law.
Done in Paris, January 10, 2008.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister for Foreign Affairs
and European,
Bernard Kouchner
