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About The Hague 5 October 1961, The Convention On The Authorities And The Law Applicable In Respect Of The Protection Of Children

Original Language Title: Par Hāgas 1961.gada 5.oktobra Konvenciju par iestāžu pilnvarām un tiesību aktiem, kas piemērojami attiecībā uz bērnu aizsardzību

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The Saeima has adopted and the President promulgated the following laws: For the Hague on 5 October 1961, the Convention on the authorities and the law applicable in respect of the protection of children article 1. The Hague on 5 October 1961, the Convention on the authorities and the law applicable in respect of the protection of children (hereinafter referred to as the Convention) with this law is accepted and approved.
2. article. In accordance with article 11 of the Convention, the second part to establish that in the Republic of Latvia to the responsible authority for article 11 of the Convention, provided for in the first subparagraph of the provision of information and reception is a national child rights protection centre.
3. article. In accordance with the Convention shall notify the Ministry of Foreign Affairs of the Netherlands Ministry of Foreign Affairs of the Republic of Latvia to the reservations and statements made.
4. article. The law shall enter into force on the date of its promulgation. With the law put the Convention in English and its translation into Latvian language.
5. article. The Convention shall enter into force on the 21st for the period specified in article and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal".
The Parliament adopted the law of 7 December.
 
State v. President Vaira Vīķe-Freiberga in Riga 2000 20 December the Convention Concerning the powers Of authorities And the Law applicable In respect Of the Protection Of the State of the Infante signatory to the present Convention, to establish common provision (menu Rngton Line4) on the powers of authorities and the law applicable in respect of the protection of Infanta have resolved to conclud that a Convention to this effect and have agreed upon the following provision in : article 1 the judicial or administrative authorities of the State of the habitual residence of an infant have the power, subject to the provision of articles 3 and 4, and paragraph 3 of article 5 of the present Convention, to take the measure to the protection of the directed his person or property.
Article 2 the authorities having the power by virtue of the terms of article 1 shall take the measure provided for by their domestic law.
That law shall determin the condition for the initiation, modification and termination of the said measure. It shall also govern their effects both in respect of the relations between the infant and the person or institutions responsible for his care, and in respect of third parties.
Article 3 (A) subjecting the infant relationship to authority, which the «arise directly from the domestic law of the State of the infant's nationality, shall be recognised in all the Contracting States.
Article 4 If the authorities of the State of the infant's nationality consider that the interests of the infant so require, they may, after having informed the authorities of the State of his habitual residence, take the measure of their own according to law for the protection of his person or property.
That law shall determin the condition for the initiation, modification and termination of the said measure. It shall also govern their effects both in respect of the relations between the infant and the person or institutions responsible for his care, and in respect of third parties.
The application of the measure taken shall be assured of by the authorities of the State of the infant's nationality.
The measure taken by the virtue of the preceding paragraphs of the present article shall replace any measure of which may have been taken by the authorities of the State where the infant has his habitual residence.
Article 5 If the habitual residence of an infant is transferred from one Contracting State to another, the measure taken by the authorities of the State of the former habitual residence shall remain in force in so far as the authorities of the new habitual residence have not terminated or replaced them.
The measure taken by the authorities of the State of the former habitual residence shall be terminated or replaced only after previous notice to the said authorities.
In the case of change of residence of an infant who was under the protection of the authorities of the State of his nationality, the measure taken by them according to their domestic law shall remain in force in the State of the new habitual residence.
Article 6, the authorities of the State of the infant's nationality may, in agreement with those of the State where he has his habitual residence or where he who entrust their property, of them the putting into force of the measure taken by the.
The authorities of the State of the habitual residence of the infant may do the same with regards to the authorities of the State where the infant who's property.
Article 7 the measure taken by the competent authorities by the by virtue of the preceding articles of the present Convention shall be recognised in all Contracting States. However, if these measure involv of acti of enforcement in a State other than that in which they have been taken, their recognition and enforcement shall be governed either by the domestic law of the country in which enforcement is sought, or by the relevant international convention.
Article 8 Notwithstanding the provision of articles 3 and 4, and paragraph 3 of article 5 of the present Convention, the authorities of the State of the infant's habitual residence may take a measure of protection in so far as the infant is threatened by serious danger to his person or property.
The authorities of the other Contracting States are not bound by these measure the recognis.
Article 9 In all cases of urgency, the authorities of any Contracting State in whose territory the infant or his property may take any ISA not cessary measure of protection.
When the competent authorities which shall be according to the present Convention shall have taken the steps demanded by the situation, the measure taken theretofore under this article shall cease, subject to the continued effectiveness of action completed thereunder.
Article 10 In order to ensur the continuity of the measure applied to the infant of, the authorities of a Contracting State shall, as far as possible, not take a measure of respect to him her with after an exchange of views with the authorities of the other Contracting States whose decision with a still in force.
Article 11 All authorities who have taken measure by virtue of the provision of the present Convention shall without delay inform the authorities of the State of the infant's nationality of them and, where appropriate, those of the State of his habitual residence.
Each Contracting State shall designat the authorities which can directly give and receive the information envisaged in the previous paragraph. It shall give notice of such designation to the Ministry of Foreign Affairs of the Netherlands.
Article 12 For the purpose of the present Convention, ' infant ' shall mean any person who has that status, in accordanc with both the domestic law of the State of his nationality and that of his habitual residence.
Article 13 the present Convention shall apply to all Infante who have their habitual residence in one of the Contracting States.
Vertheles not any powers conferred by the present Convention on the authorities of the State of the infant's nationality shall be reserved to the Contracting States.
Each Contracting State may reserve the right to limit the application of the present Convention the Infante who is a national of one of the Contracting States.
Article 14 For the purpose of the present Convention, if the domestic law of the infant's nationality consist of a non-unified system, ' the domestic law of the State of the infant's nationality ' and ' the authorities of the State of the infant's nationality ', shall mean respectively the law and the authorities determined by the rules in force in that system and, failing any such rules to that law and those authorities within such a system with which the infant has the connection closes.
Article 15 Each Contracting State may reserve the jurisdiction of its authorities empowered to decide on a petition for annulment, dissolution or modification of the marital relationship of the parents of an infant, take a measure for the protection of the person or his property.
The authorities of the other Contracting States shall not be bound by these measure the recognis.
Article 16 of the application of the provision of the present Convention can only be refused in the Contracting States if such application is manifestly contrary to public policy.
Article 17 the present Convention applies only to the measure taken after its entry into force.
The relationship of subjecting the infant of the authority which «arise directly from the domestic law of the State of the infant's nationality shall be recognised from the date of entry into force of the Convention.
Article 18 In the relations between the Contracting States the present Convention replace the Convention each the of Infanta, tutelle signed at the Hague on 12 June, 1902 It shall not be affec any provision of the convention binding the Contracting of other States at the time of its entry into force.
Article 19 the present Convention is open to the signature of the States represented at the Session of the Ninths Hague Conference on private International Law.
It shall be ratified and the instruments of ratification deposited with the Ministry of Foreign Affairs of the Netherlands.
Article 20 of the present Convention shall enter into effect from the sixtieth day after the deposit of the third instrument of ratification contemplated in article 19, paragraph 2. of each signatory State respect the axis subsequently ratifying the Convention, it shall enter into effect on the sixtieth day from the date of the deposit of its instrument of ratification.
Article 21 Any State not represented at the Session of the Ninths Hague Conference on private International Law may adher to the present Convention after it has entered into effect in virtue of article 20, paragraph 1. The instrument shall be deposited of adhesions with the Ministry of Foreign Affairs of the Netherlands.

The adhesions shall have effect only in the relations between the State and Contracting States adhering which declare that they accept this adhesions. The acceptance shall be notified to the Ministry of Foreign Affairs of the Netherlands.
Between the adhering State and the State which has declared that it will accept the Convention shall enter into the adhesions to the effect the sixtieth day after the notification mentioned in the preceding paragraph, the.
Article 22 At the moment of the signature, ratification or adhesions, each State may declare that the Convention shall extend to all present the territories which it represent on the international level, or to one or more of them. This declaration shall have effect at the moment of the entry into effect of the Convention for that State.
Thereafter, any extension of this nature shall be notified to the Ministry of Foreign Affairs of the Netherlands.
When the declaration of extension is made on the occasion of a signature or ratification, the Convention shall enter into effect for the Territories indicated in conformity with the provision of article 20. When the declaration of extension is made on the occasion of the United Nations, the Convention shall enter adhesions into effect for the Territories indicated in conformity with the provision of article 21 Article 23 At the latest at the moment of ratification or adhesions , each State may make the reserve contemplated in articles 13, paragraph 3, and 15, paragraph 1, of this Convention. Other reserve shall be admitted.
When notifying an extension of the Convention in conformity with article 22, each State also may make these reserve with an effect limited to the territories, or some of them, indicated in the extension.
At any time, each Contracting State may withdraw a reserve made. Such withdrawals shall be notified to the Ministry of Foreign Affairs of the Netherlands.
The effect of the reserve shall cease the sixtieth day after the notification mentioned in the preceding paragraph, the.
Article 24 the present Convention shall have a duration of five years starting from the date of its entry into effect in conformity with article 20, paragraph 1, even for States which have ratified it or adhered the heret subsequently.
The Convention shall be tacitly renewed stands out among every five years, in the absence of a denunciation.
The denunciation must be notified at least six months before the expiration of the five year period to the Ministry of Foreign Affairs of the Netherlands.
It may be limited to certain of the territories to which the Convention applies.
The denunciation shall have effect only as regards the State which shall have given notice of it. The Convention shall remain in force for the other Contracting States.
Article 25 the Ministry of Foreign Affairs of the Netherlands shall give notice to the States indicated in article 19, as well as the States which will have adhered in conformity with the provision of article 21, of: (a) deal with notifications) in article 11, paragraph 2;
(b) signature and ratification) deals with in article 19;
(c)) the date at which this Convention will enter into effect in conformity with the provision of article 20, paragraph 1;
(d)) and acceptance of the adhesions to deal with in article 21 and the date at which they will take effect;
e) extensions deal with in article 22 and the date at which they will take effect;
f) reserve and withdrawals of reserve deals with in article 23;
g) deals with denunciation in article 24, paragraph 3. IN WITNESS WHEREOF, the undersigned, being duly authorised the, have signed the present Convention.
Done at the Hague on 5 October 1961,, in a single copy, which shall be deposited in the archives of the Government of the Netherlands. (A) a certified true copy shall be sent, through diplomatic channels, to each of the of the States represented at the Session of the Ninths Hague Conference on private International Law.
 

Convention for the authorities and the law applicable in respect of the protection of children, the signatory States of this Convention, desiring to establish common rules concerning the powers of authorities and the law applicable to the protection of children, have decided to conclude a Convention and have agreed upon the following provisions: article 1 the child's habitual residence to the Court or administrative authority pursuant to this Convention, article 3 and 4, and article 5, third subparagraph is entitled to take measures directed to the child's person or property.
Article 2 institutions that are authorized in accordance with the provisions of article 1, shall take the measures provided for in their domestic legislation.
These regulations establish that the initiation and termination of, amendment of conditions. They also regulate the impact of these measures and the relationship between children and the persons or authorities responsible for his care, and relations with third parties.
3 article For which result directly from the child's citizenship laws and the State with which the child is subject to the authority, shall be recognised in all the Contracting States.
Article 4 of the nationality of the child if the authorities consider that it is necessary for the best interests of the child, they may take measures for the child's person or property in accordance with their laws, regulations, after having informed the authorities of his country of residence.
These regulations establish that the initiation and termination of, amendment of conditions. They also regulate the impact of these measures and the relationship between children and the persons or authorities responsible for his care, and relations with third parties.
Application of the measures to ensure the child's citizenship, the authorities in the country.
Measures taken in accordance with the preceding paragraphs of this article, any measures that may be taken by the authorities in the child's country of residence.
Article 5 If the child's habitual residence is moved from one Contracting State to another, the measures that have been taken by the authorities of the country of former habitual residence, shall remain in force, in so far as it has not given up or replaced the institutions the new country of residence.
That the measures taken by the authorities may terminate and replace only the previously submitted a statement to the country of former habitual residence.
In the case where a change in the habitual residence of the child, who was in their country of citizenship, the protection of the authorities of the measures taken by that State in accordance with its national laws and regulations remain in force in the new country of residence.
Article 6 of the nationality of the children's bodies may be entrusted to them in the implementation of the measures provided for in the child's habitual residence or the location of the property to the State, in coordination with the authorities of that State.
Habitual residence of the child, the public authorities can act the same way in relation to the authorities of the State of the child's property.
Article 7 measures that have been taken by the competent authority in accordance with the preceding articles of this Convention shall be recognised in all the contracting countries however, if these measures are to be carried out in another country where they have been established, their recognition and enforcement are governed by either the domestic law of the country in which it is performed, or relevant international conventions.
8. Article apart from this Convention, article 3 and 4, and article 5, third paragraph, the authorities of the child's country of residence may take protective measures, as long as there is a serious risk to the child's person or property.
Other contracting authorities shall not be obliged to recognise such measures.
Article 9 in all urgent cases, authorities in any Contracting State in whose territory the child or property, may take any necessary safeguard measures.
If the authorities which are competent in accordance with this Convention, have taken the measures required by the situation, by then under this article shall terminate the measures taken, however, will continue their activities, the validity of which is carried out in accordance with this article.
Article 10 in order to ensure the continuity of the measures applicable to the child, the authorities of the Contracting States, to the extent possible, refrain from taking any measures concerning him, pending further exchange of views with the other authorities of the Contracting States, which are still in force.
Article 11 all the authorities which have taken measures in accordance with the provisions of this Convention, they shall immediately notify the authorities of the country of citizenship of the child and, where appropriate, his or her country of residence.
Each Contracting State shall mean the authorities which may directly provide and receive the information provided for in the preceding subparagraph. It shall notify such designation to the Ministry of Foreign Affairs of the Netherlands.
Article 12 of the Convention this Convention within the meaning of "child" means any person who is in that State and in accordance with their nationality and country of residence laws.
Article 13 this Convention shall apply to all children whose normal place of residence is in one of the Contracting States.
However, any of the powers conferred by this Convention are granted to institutions in the country of the child's nationality, also retained the Contracting States.
Each Contracting State may reserve the right to limit the application of this Convention with regard to children who are nationals of a Contracting State.
Article 14

The meaning of this Convention, if the nationality of the child system is unified, "the child's citizenship laws of the country" and "a child's nationality national authorities" shall mean the regulations and institutions which comply with the following system with the rules in force and, if such rate is not, the law and the authorities in the system, with which the child has the closest connection.
Article 15 each Contracting State may reserve the right to its own authorities which shall be entitled to decide on the application of the child's parents, divorce, nullity of marriage or for modification to take the child's person or property protection measures.
Other contracting authorities shall not be obliged to recognise such measures article 16 on the application of the provisions of this Convention, the Contracting States may be denied only if such application would be contrary to the public order.
Article 17 this Convention shall apply only in respect of measures taken after its entry into force.
Of the child's nationality laws directly consequential relationships that expose children to the authority are recognized up to the date of entry into force of the Convention.
Article 18 in relations between the Contracting States this Convention replaces the Hague 12 June 1902 signed the Convention governing the guardianship over the children.
It does not affect any other provisions of the Convention, which are binding on the Contracting States the entry into force of the Convention.
Article 19 this Convention is open for signature by the States which are represented in the Hague Conference on private international law, ninth session.
It shall be ratified, and the instruments of ratification shall be deposited with the Ministry of Foreign Affairs of the Netherlands.
Article 20 this Convention shall enter into force on the sixtieth day after the deposit of the third instrument of ratification date, as defined in article 19, second paragraph.
For each signatory which ratifies this Convention, it shall enter into force on the later on the 60th day following the deposit of its instrument of ratification.
Article 21 any State not represented at the Hague Conference on private international law, ninth session, may accede to this Convention after its entry into force, in accordance with the first subparagraph of article 20. The instruments of accession shall be deposited with the Ministry of Foreign Affairs of the Netherlands.
Accession shall take effect only in relations between the acceding State and those Contracting States which shall notify the acceptance of the accession. On acceptance shall notify the Ministry of Foreign Affairs of the Netherlands.
Relations between the acceding State and the State which has notified its acceptance of accession, this Convention shall enter into force on the 60th day following the notification referred to in the previous subparagraph.
Article 22 signature, ratification or accession at the time each State may declare that this Convention is applied to all the territories that it represents the international, or to one or more of them. The notice is in effect from the time when this Convention enters into force in respect of such a State.
The future of any such extension shall notify the Ministry of Foreign Affairs of the Netherlands.
If notice of the extension is provided at the time of signing or ratification, this Convention shall enter into force with respect to areas that have been designated in accordance with the provisions of article 20. If notice of the application shall, at the time of accession, this Convention shall enter into force with respect to designated areas, in accordance with the provisions of article 21.
Article 23 – at the latest at the time of their ratification or accession, each State may make article 13 of this Convention, in the third paragraph, and article 15 referred to in the first paragraph of the reservations. Not permitted by other reservations.
Notice of the application of this Convention in accordance with article 22, each State may make reservations concerned the extension of the application of limited to designated areas or to some of them.
Each Contracting State may at any time withdraw the reservation. For such withdrawal shall be notified to the Ministry of Foreign Affairs of the Netherlands.
Disclaimer of validity ends on the 60th day following the notification referred to in the previous subparagraph.
Article 24 this Convention is in force for a period of five years following the date of its entry into force in accordance with article 20, the first paragraph even for States which have ratified it or acceded to it subsequently.
The Convention automatically renewable every five years, unless it is denounced.
The denunciation shall be notified to the Ministry of Foreign Affairs of the Netherlands at least six months before the end of the five-year period.
It can be restricted to apply to certain territories to which this Convention.
The denunciation is valid only for the country, which is to announced. This Convention shall remain in force in respect of the other contracting countries.
Article 25 the Netherlands Ministry of Foreign Affairs announces the 19 countries listed in the article, as well as the States which have acceded in accordance with article 21 (a)), article 11 of the communication referred to in the second subparagraph of article 19 (b)) signing and ratification referred to in (c)), the date on which this Convention will enter into force in accordance with the first subparagraph of article 20, d) referred to in article 21 accession and acceptance, and their entry into force, e) referred to in article 22 of the application and of the date of entry into force , f) referred to in article 23 reservations and withdrawal of reservations, g) article 24 denunciation referred to in the third subparagraph.
The Plenipotentiaries have signed this Convention. In the Hague on 5 October 1961, in a single copy, which shall be submitted for storage in the archives of the Government of the Netherlands. Certified copy sent through diplomatic channels for each of the countries represented at the Hague Conference on private international law at the ninth session.