Decree No. 2008-36 Of January 10, 2008, On The Publication Of The European Convention On The Exercise Of The Rights Of The Child, Adopted At Strasbourg On January 25, 1996

Original Language Title: Décret n° 2008-36 du 10 janvier 2008 portant publication de la convention européenne sur l'exercice des droits des enfants, adoptée à Strasbourg le 25 janvier 1996

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Summary pursuant to sections 52 to 55 of the Constitution.
Keywords foreign and European Affairs, INTERNATIONAL agreement, European CONVENTION, exercise of the rights of children, judicial PROCEDURE, OPINION, PROCEDURE family, PARENTS separated, right of visit JORF n ° 0010 January 12, 2008 page 674 text no. 9 Decree No. 2008-36 of January 10, 2008 on the publication of the convention European on the exercise of the rights of the child, adopted in Strasbourg on 25 January 1996 (1) NOR : MAEJ0774524D ELI: https://www.legifrance.gouv.fr/eli/decret/2008/1/10/MAEJ0774524D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2008/1/10/2008-36/jo/texte the President of the Republic, on the report of the Prime Minister and the Minister of foreign and European Affairs, having regard to articles 52 to 55 of the Constitution;
Pursuant to law No. 2007 - 1155 of August 1, 2007 authorizing approval of the European convention on the exercise of children's rights;
Having regard to Decree No. 53-192, 14 March 1953 as amended relating to the ratification and publication of international commitments entered into by France, enacts as follows: Article 1 the European convention on the exercise of children's rights, adopted in Strasbourg on 25 January 1996, will be published in the Official Journal of the French Republic.


Article 2 the Prime Minister and the Minister of foreign and European Affairs are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.

Annex European CONVENTION on the exercise of children's rights the preamble the Member States of the Council of Europe and the other States signatory to this Convention, considering that the aim of the Council of Europe is to achieve a greater unity between its members;
Having regard to the Convention of the United Nations on the rights of the child, and in particular article 4 which requires States Parties to take all legislative, administrative and other measures which are necessary to implement the rights recognized in the Convention;
Taking note of the contents 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 to that end children should have the opportunity to exercise those rights, in particular in family proceedings affecting them;
Recognizing that children should receive relevant information so that their rights and their interests can be promoted, and that the opinion of these must be duly taken into account;
Recognizing the importance of the role of parents in the protection and promotion of the rights and the best interests of their children and States should, where necessary, also take part in them;
Whereas, however, in the event of conflict, it is appropriate that the families are trying to reach an agreement before bringing the matter before a judicial authority, have agreed as follows: Chapter I scope and object of the Convention and definitions Article 1 scope and object of the Convention 1. This Convention applies to children who have not attained the age of eighteen.
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 ensuring what they, themselves or through other persons or bodies, be informed and allowed to participate in proceedings affecting them before a judicial authority.
3. for the purposes of this Convention, the procedures affecting children before a judicial authority are family proceedings, in particular those relating to the exercise of parental responsibilities, including the residence and access to children.
4. any State must, at the time of signature or when depositing 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 statement, complete the list of the categories of family disputes to which this Convention is intended to apply or provide information concerning the application of articles 5, 9, paragraph 2, 10, paragraph 2, and 11.
6. the Convention does not prevent the Parties to apply more favourable rules to the promotion and the exercise of children's rights.
Article 2 Definitions for the purposes of this Convention, is meant by: a) 'Judicial authority', a court or an administrative authority having equivalent powers;
(b) "holders of parental responsibilities", the parents and other persons or bodies entitled to exercise some or all parental responsibilities;
(c) ' representative', a person such as a lawyer, or a body appointed to act before a judicial authority on behalf of a child;
(d) ' relevant information', appropriate information, having regard to the age and understanding of the child, which will be provided to him in order to fully exercise their rights, unless disclosure of such information detrimental to his welfare.
Chapter II measures of procedural to promote the exercise of the rights of children a. ― procedural to a child Article 3 right to be informed and to express his opinion in proceedings a child who is considered by the right internal as having sufficient understanding, in proceedings affecting them before a judicial authority, is granted the following rights of which he can himself apply (: a) receive all relevant information;
b) be consulted and express his opinion.
c) be informed of the possible consequences of the implementation of its opinion and of the possible consequences of any decision.
Article 4 right to request the appointment of a special representative 1. Under subject to article 9, the child has the right to ask, personally or through other persons or bodies, the appointment of a representative special in proceedings affecting them before a judicial authority, when the law deprives the holders of parental responsibilities of the faculty to represent the child due to a conflict of interest with that one.
2. States are free to provide that the right referred to in paragraph 1 applies only to the only children considered by the internal law as having sufficient understanding.
Article 5 other rights procedural possible Parties examine the opportunity to recognize children additional procedural rights in proceedings affecting children before a judicial authority, in particular: has) the right to ask to be assisted by a person of their choice to help them express their opinion;
b) the right to ask themselves, or through other persons or bodies, the appointment of a separate representative, where appropriate, a lawyer;
c) the right to appoint their own representative;
(d) the right to exercise all or part of the prerogatives of a party to such proceedings).
B. ― Role of judicial authorities Article 6 decision-making process in proceedings affecting a child, the judicial authority, before taking any decision, must: a) consider whether it has sufficient information to make a decision in the best interests of the same and, if necessary, obtain additional information, in particular on the part of the holders of parental responsibilities;
(b) where the child is considered by the law as having sufficient understanding: — ensure that the child has received all relevant information.
― consult where appropriate the child personally, if necessary privately, itself or through other persons or bodies, in a form suitable for its discernment, unless it is manifestly contrary to the best interests of the child;
― enable the child to express his opinion;
(c) take due account of the views expressed by it.
Article 7 duty to act expeditiously in proceedings affecting a child, the judicial authority must act promptly to avoid unnecessary delay. Procedures to ensure a rapid implementation of its decisions must contribute. In an emergency, the judicial authority has, where appropriate, the power to take decisions which are immediately enforceable.
Article 8 possibility of self-referral testifies in proceedings affecting a child, the judicial authority has the power, in the cases determined by internal law where the welfare of the child is seriously threatened, to take office.
Article 9 appointment of a representative 1. In proceedings affecting a child, when under internal law the holders of parental responsibilities are deprived of the right to represent the child as a result of a conflict of interest with him, the judicial authority has the power to appoint a special representative for that one in such proceedings.
2. the Parties shall examine the possibility of providing that, in the interesting proceedings a child, the judicial authority has the power to 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 shall, unless it is manifestly contrary to the best interests of the child: a) provide any information relevant to the child, if the latter is considered by the internal law as having sufficient understanding;
(b) provide explanations to the child, though the latter is considered by the internal law as having sufficient understanding, relating to the possible consequences of the implementation of its opinion and the possible consequences of any action of the representative;
c) determine the views of the child and bring to the attention of the judicial authority.
2. the Parties shall examine the possibility of extending the provisions of paragraph 1 to the holders of parental responsibilities.
D. ― Extension of certain provisions Article 11 the Parties shall examine the possibility of extending the provisions of articles 3, 4 and 9 to proceedings affecting children before other bodies and to children regardless of any issues.
E. ― bodies national Article 12 1. The Parties shall promote, through bodies which have, inter alia, the functions referred to in paragraph 2, the promotion and the exercise of children's rights.
2. these functions are the following: has) make proposals to strengthen the legislative framework on the exercise of children's rights;
b) formulate opinions on draft legislation relating to the exercise of children's rights;
(c) provide general information concerning the exercise of the rights of children to the media, the public and persons or bodies dealing with issues relating to children;
(d) look for the opinion of children and provide them with any appropriate information.
F. ― other measures Article 13 Mediation and other methods of conflict resolution to prevent or resolve conflicts and avoid proceedings affecting children before a judicial authority, the Parties shall encourage the implementation of the mediation or any other method of resolution of conflicts and their use to conclude an agreement, in appropriate cases determined by the Parties.
Article 14 legal aid and legal advice where internal law provides for legal aid or legal Council for the representation of children in proceedings affecting them before a judicial authority, such provisions shall apply to the matters referred to in articles 4 and 9.
Article 15 Relations with other international instruments this Convention shall not prevent the application of other international instruments dealing with matters specific to the protection of children and families, to which a party to this Convention is, or becomes, part.
Chapter III Standing Committee Article 16 implementation and functions of the Standing Committee 1. It consists, for the purposes of this Convention, a Standing Committee.
2. the Standing Committee following problems relating to this Convention. It may, in particular: a) examine any relevant question relating to the interpretation or the implementation of the Convention. The conclusions of the Standing Committee concerning the implementation of the Convention may take the form of a recommendation; recommendations are adopted by a majority of three-quarters of the votes cast;
(b) propose amendments to the Convention and examine those formulated in accordance with article 20;
(c) provide advice and assistance to national bodies exercising the functions referred to in paragraph 2 of article 12, as well as promote international cooperation between those.
Article 17 Composition 1. Any party may be represented on the Standing Committee by one or more delegates. Each Party shall have one vote.
2. any State referred to in article 21, which is not a party to this Convention, may be represented at the Standing Committee by an observer. It goes the same for any other State or the European Community, after invitation to accede to the convention, in accordance with the provisions of article 22.
3. unless a part, one month at least before the meeting, has informed the Secretary-General of its objection, the Standing Committee may invite to participate as observers in all meetings or to all or part of a meeting: any State not referred to in paragraph 2 above;
The Committee on the rights of the child of the United Nations;
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 body national, governmental or non-governmental, exercising 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 on the exercise of children's rights.
Article 18 meetings 1. At the end of the third year following the date of entry into force of this Convention and, on his initiative, at any time after this date, the Secretary general of the Council of Europe shall invite the Standing Committee to meet.
2. the Standing Committee may take a decision only on condition that at least half of the Parties is present.
3. subject to articles 16 and 20, the Standing Committee decisions are taken by a majority of the members present.
4. subject provisions of this Convention, the Standing Committee shall establish its internal rules and rules of any group working to complete all tasks that are appropriate in the context of the Convention.
Article 19 reports of the Committee permanent after each meeting, the Standing Committee submits to the Parties and to the Committee of Ministers of the Council of Europe a report on its discussions and decisions.
Chapter IV amendments to the Convention Article 20 1. Any amendment to the articles of this Convention, proposed by a party or by the Standing Committee, is communicated to the Secretary general of the Council of Europe and transmitted by her care two months at least before the next meeting of the Standing Committee to the Member States 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 the European Community, which has been invited to accede in accordance with the provisions of article 22.
2. any amendment proposed in accordance with the provisions of the preceding paragraph is examined by the Standing Committee, which shall submit the text adopted by a majority of three-quarters of the votes cast to the Committee of Ministers for approval. After its approval, this text shall be communicated to the Parties for acceptance.
3. any amendment enter into force the first day of the month following the expiration of a period 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 non-Member States which have participated in its elaboration.
2. the present Convention shall be subject to ratification, acceptance or approval. The instruments of ratification, acceptance or approval shall be deposited with the Secretary general of the Council of Europe.
3. this Convention shall enter into force 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 which subsequently expresses its consent to be bound by the Convention, it shall enter into force 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 upon proposal of the Standing Committee and after consultation with the Parties, invite any non-Member State of the Council of Europe which has not participated in the elaboration of the Convention, as well as the Community European, to accede to this Convention by a decision taken by the majority provided for in article 20 , paragraph d, of the Statute of the Council of Europe, and the unanimous vote of the representatives of the Contracting States entitled to sit on the Committee of Ministers.
2. for any acceding State or the European Community, the Convention shall enter into force the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession the Secretary-General of the Council of Europe.
Article 23 territorial Application 1. Any State may, at the time of signature or time of the deposit of its instrument of ratification, acceptance, approval or accession, refer to the territory or territories in the (x) what (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 specified in the declaration, which it ensures international relations or for which it is authorised to give undertakings. The Convention will enter into force with respect to that territory 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 two preceding paragraphs may be withdrawn, in relation to the territory (s) designated in this declaration by notification 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 reservations to this Convention may be formulated.
Article 25 denunciation 1. Any party may, at any time, denounce this Convention by sending 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.
Article 26 Notifications the Secretary general of the Council of Europe shall notify the Member States 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 date of entry into force of this Convention in accordance with articles 21 or 22;
d) any amendment adopted in accordance with article 20 and the date on which the amendment enters 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 witness whereof the undersigned, being duly authorized thereto, have signed the present Convention.
Done at Strasbourg, 25 January 1996, in french and English, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary general of the Council of Europe in shall communicate certified copies to each of the Member States of the Council of Europe, the non Member States which participated in the elaboration of this Convention, the European Community and to any State invited to accede to this Convention.
Article 1, paragraph 4 La France refers, in accordance with article 1(4), the categories of following family disputes to which the Convention is intended to apply to a judicial authority: ― procedures relating to the procedures for the exercise of parental authority;
― procedures for the determination of the residence of the child;
― procedures for the organisation of the modalities of the meetings of the holders of parental authority with the child;
― procedures laying down the procedures for the relationship of the child with third parties;
— procedure for educational assistance for children at risk.
Article 2, subparagraph (b) La France interprets the concept of "holders of parental responsibilities" as defined in article 2 (b) of the Convention as the legal representatives of the child within the meaning of french law.

Done at Paris, January 10, 2008.
Nicolas Sarkozy by the President of the Republic: the Prime Minister, François Fillon Minister of Foreign Affairs and European, Bernard Kouchner (1) this agreement entered into force on 1 January 2008.

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