List of declarations made with respect to treaty No. 160

European Convention on the Exercise of Children's Rights

Status as of: 20/12/2014

 

    Albania :


Declaration contained in a Note verbale from the Permanent Representation of Albania, dated 18 October 2011, deposited with the instrument of ratification on 19 October 2011 - Or. Engl.

In accordance with Article 1, paragraph 4, of the Convention, the Republic of Albania declares that it shall apply the Convention for any family matter before a judicial authority belonging to the child in regard to :

- review of disputes arising from marriage;
- review of consequences of marriage dissolution;
- recognition and challenge of maternity and paternity;
- review of disputes for granting of alimony (maintenance) obligation;
- exercise of parental responsibility;
- adoption;
- custody;
- protection from all forms of violence.
Period covered: 1/2/2012 -      
The preceding statement concerns Article(s) : 1

 

    Austria :


Declaration contained in the instrument of ratification deposited on 25 June 2008 - Or. Engl.

In accordance with Article 1, paragraph 4, of the Convention, Austria declares that it will apply the Convention to all family cases before a judicial authority regarding:

- custody
- access/contact
- adoption.
Period covered: 1/10/2008 -      
The preceding statement concerns Article(s) : 1

 

    Croatia :


Declaration contained in the instrument of ratification deposited on 6 April 2010 - Or. Engl.

In accordance with Article 1, paragraph 4, of the Convention, the Republic of Croatia designates the following categories of family cases to which this Convention is to apply before its judicial authorities:

. proceedings for deciding on parental care during the divorce of parents;
. proceedings for the exercise of parental care;
. measures for the protection of personal rights and interests of a child;
. proceedings for adoption, and
. proceedings concerning guardianship of minors.
Period covered: 1/8/2010 -      
The preceding statement concerns Article(s) : 1

 

    Cyprus :


Declaration contained in a letter from the Permanent Representative of Cyprus, dated 24 October 2005, registered at the Secretariat General on 25 October 2005 - Or. Engl.

In accordance with Article 1, paragraph 4, of the Convention, the Permanent Representative of Cyprus informs that following a decision of the Council of Ministers (Dec. No 56.045) of the Republic of Cyprus, the Convention will apply to three categories of family cases before a judicial authority, namely: (1) Custody, (2) Adoptions and (3) Protection from maltreatment and cruel behaviour.
Period covered: 1/2/2006 -      
The preceding statement concerns Article(s) : 1

 

    Czech Republic :


Declaration contained in the instrument of ratification, deposited on 7 March 2001 - Or. Engl.

In accordance with Article 1, paragraph 4 of the European Convention on the Exercise of Children’s Rights, done in Strasbourg on 25 January 1996, the Czech Republic declares that it will apply the Convention to adoption proceedings, foster placement proceedings and proceedings relating to the limitation or deprivation of parental responsibilities, as well as to any other family proceedings affecting the rights of the child,
Period covered: 1/7/2001 -      
The preceding statement concerns Article(s) : 1

 

    Finland :


Declaration contained in the instrument of acceptance deposited on 29 November 2010 - Or. Engl.

In accordance with Article 1, paragraph 4, of the Convention, the Republic of Finland declares to specify the following categories of family cases to which this Convention is to apply before its judicial authorities: establishment of paternity, adoption and proceedings concerning the taking of a child into care.
Period covered: 1/3/2011 -      
The preceding statement concerns Article(s) : 1

 

    France :


Declaration contained in the instrument of approval deposited on 18 September 2007 - Or. Fr.

In accordance with Article 1, paragraph 4, of the Convention, France designates the following categories of family cases to which this Convention is to apply before a judicial authority :

. proceedings relating to the modalities for exercising parental authority;
. proceedings relating to the determination of the child's residence;
. proceedings relating to the organisation of modalities applying to meetings between the holders of parental authority and the child;
.proceedings determining the modalities of the child's relations to third persons;
. proceedings relating to educational assistance for children facing danger.
Period covered: 1/1/2008 -         
The preceding statement concerns Article(s) : 1


Declaration contained in the instrument of approval deposited on 18 September 2007 - Or. Fr.

France interprets the terms "holders of parental responsibilities" as provided for in Article 2b of the Convention as referring to the legal representatives of the child in the meaning of the French law.
Period covered: 1/1/2008 -      
The preceding statement concerns Article(s) : 2

 

    Germany :


Declaration contained in the instrument of ratification deposited on 10 April 2002 - Or. Engl./Ger.

In accordance with Article 1, paragraph 4, of the Convention, the Federal Republic of Germany will apply the European Convention on the Exercise of Children’s Rights to proceedings before the Family Court or the Guardianship Court in accordance with the following provisions of the Civil Code so far as the care of the child is concerned :

1. transfer of the right to determine the child’ name (section 1617 subsections 2 and 3);

2. substitution for the other parent’s consent in respect of conferment of the name (section 1618, fourth sentence);

3. transfer of the right to decide in cases where there are differences of opinion between the parents concerning the exercise of parental custody (section 1628);

4. withdrawal of a parent’s, guardian’s or curator’s power to represent the child (section 1629 subsection 2, third sentence, and sections 1796 and 1915);

5. decisions on differences of opinion between the parents and a curator (section 1630 subsection 2);

6. transfer of matters relating to parental custody to the person charged with the child’s care (section 1630 subsection 3); 7. assistance of parents in caring for the child (section 1631 subsection 3);

8. placement of a child involving deprivation of liberty (sections 1631b, 1800 and 1915);

9. surrender of the child, determination of access to third persons, removal from the person charged with cared (section 1632) or from the spouse or person entitled to access (section 1682);

10. risk to the child’s welfare (section 1666 and 1666a);

11. parental custody on separation of the parents (sections 1671 and 1672);

12. suspension of parental custody (section 1674 and 1678 subsection 2);

13. parental custody following the death of a parent (section 1680, subsection 2 and section 1681);

14. parental custody following withdrawal of custody (section 1680, subsection 3);

15. access to the child (section 1684 and 1685);

16. restriction or exclusion of the power to decide on matters affecting everyday life or actual care (section 1687, subsection 2, section 1687 a, section 1688, subsection 3, second sentence, and subsection 4;

17. measures where the parents are unable to take action (section 1693);

18. appointment of a guardian, a supervisory guardian or a curator (section 1773 to 1792, sections 1915 and 1916);

19. decision on difference of opinion or on the allocation of duties between several guardians or curators (sections 1797, 1798 and 1915);

20. withdrawal of custody of a guardian or a curator in respect of the religious education of the ward or the person in the guardian’s or curator’s charge (section 1801, subsection 1 and section 1915);

21. measures prior to appointment of a guardian or curator, or where a guardian or a curator is unable to take action (sections 1846 and 1915);

22. dismissal of a guardian, a supervisory guardian or a curator (sections 1886 to 1889, sections 1895 and 1915);

23. amendment and review of court orders (section 1696).
Period covered: 1/8/2002 -      
The preceding statement concerns Article(s) : 1

 

    Greece :


Declaration contained in a Note Verbale handed to the Secretary General at the time of deposit of the instrument of ratification, on 11 September 1997 - Or. Fr.

In accordance with Article 1, paragraph 4, of the European Convention on the Exercise of Children's Rights, signed in Strasbourg on 25 January 1996, the Government of the Hellenic Republic declares that the categories of family cases before a judicial authority to which the above said Convention is to apply are the following :

- Cases concerning the custody of children;
- Cases concerning the communication between parents and children;
- Adoption cases.
Period covered: 1/7/2000 -      
The preceding statement concerns Article(s) : 1

 

    Italy :


Declaration contained in a letter from the Permanent Representative of Italy, dated 23 June 2003, handed over to the Deputy Secretary General of the Council of Europe at the time of deposit of the instrument of ratification, on 4 July 2003 - Or. Fr.

In accordance with Article 1, paragraph 4, of the Convention, the Government of the Italian Republic indicates that the categories of family cases to which the Convention shall apply are: those contemplated in Article 145 of the Civil Code, on parental authority ; Article 244, last paragraph, of the Civil Code, on natural affiliation ; Article 247, last paragraph, of the Civil Code, on the same subject ; Articles 264, paragraph 2, and 274 of the Civil Code, on the same subject; Articles 322 and 323 of the Civil Code, on the son's opposition to certain acts regarding the administration of property accomplished by his parents.
Period covered: 1/11/2003 -      
The preceding statement concerns Article(s) : 1

 

    Latvia :


Declaration contained in the instrument of ratification deposited on 30 May 2001 - Or. Engl.

In accordance with Article 1, paragraph 4, of the Convention, the Republic of Latvia declares that the categories of family cases before a judicial authority to which the said Convention is to apply are :

1. Divorce cases;
2. Cases concerning parental power;
3. Adoption cases; 4. Cases concerning conclusion of transactions related to children's assets;
5. Cases concerning child's separation from family;
6. Cases concerning the custody of children.
Period covered: 1/9/2001 -      
The preceding statement concerns Article(s) : 1

 

    Malta :


Declaration appended to the full powers handed at the time of signature, on 20 January 1999 - Or. Engl.

In accordance with Article 1, paragraph 4, of the Convention, Malta declares that these rights should apply in the following proceedings:

1. Separation Proceedings;
2. Nullity of Marriage;
3. Adoption Proceedings.      
The preceding statement concerns Article(s) : 1

 

    Montenegro :


Declaration contained in the instrument of ratification deposited on 1 October 2010 - Or. Engl.

In accordance with Article 1, paragraph 4, of the Convention, the Republic of Montenegro declares that the Convention will be applied to the three modes of family disputes before judicial authorities: custody, adoption and access to child.
Period covered: 1/2/2011 -      
The preceding statement concerns Article(s) : 1

 

    Poland :


Declaration contained in the instrument of ratification, deposited on 28 November 1997 - Or. Pol./Fr.

In accordance with the provisions of Article 1, paragraph 4, of the Convention, the Republic of Poland declares that the said Convention shall apply to the following categories of family cases:

- request for adoption;
- guardianship;
- decisions on important matters relating to the person of the child in the absence of an agreement between the parents.
Period covered: 1/7/2000 -      
The preceding statement concerns Article(s) : 1

 

    Portugal :


Declaration contained in a letter from the Permanent Representative of Portugal, dated 31 March 2014, deposited with the instrument of ratification on 31 March 2014 - Or. Engl.

In accordance with Article 1, paragraph 4, of the Convention, the Portuguese Republic specifies the following categories of family cases before a judicial authority to which the Convention is applicable:

1. adoption proceedings;
2. proceedings relating to the protection and promotion of children and young people;
3. proceedings relating to the guardianship of children and young people, as well as the administration of their property.
Period covered: 1/7/2014 -      
The preceding statement concerns Article(s) : 1

 

    Slovenia :


Declaration contained in a Note Verbale handed to the Secretary General at the time of deposit of the instrument of ratification, on 28 March 2000 - Or. Engl.

According to Article 1, paragraph 4, of the Convention, the Republic of Slovenia hereby states that the procedures in the field of family law, which are encompassed in this Convention are as follows: the procedure of deciding on upbringing of a child; the procedure of adoption; the procedure of custody; the procedure of managing the child’s assets and the procedure of determining the level of maintenance.
Period covered: 1/7/2000 -      
The preceding statement concerns Article(s) : 1

 

    The former Yugoslav Republic of Macedonia :


Declaration contained in the instrument of ratification deposited on 15 January 2003 - Or. Engl.

In accordance with Article 1, paragraphs 4 and 5, of the Convention, the Republic of Macedonia declares that the said Convention shall apply to the following categories of family cases: adoption proceedings, cases concerning the custody of children, the proceedings while deciding on the custody and upbringing of children and proceedings concerning establishment of parental affiliation (paternity and maternity), as well as in the proceedings when parental affiliation is contested.
Period covered: 1/5/2003 -      
The preceding statement concerns Article(s) : 1

 

    Turkey :


Declaration contained in the instrument of ratification deposited on 10 June 2002 - Or. Engl./Tur.

In accordance with paragraph 4 of Article 1 of the Convention, the Republic of Turkey has the honour to declare that the Convention shall be applied to the following categories of the family cases before a judicial authority:

1. Cases relating to divorce;
2. Cases relating to separation;
3. Cases concerning the custody of children;
4. Cases concerning parental rights of access to the child;
5. Cases relating to establishment of paternal affiliation by means of judicial decision.
Period covered: 1/10/2002 -      
The preceding statement concerns Article(s) : 1

 

    Ukraine :


Declaration contained in the instrument of ratification deposited on 21 December 2006 - Or. Engl.

In accordance with Article 1, paragraph 4, of the Convention, Ukraine declares that this Convention applies to the consideration by courts of cases concerning:

. adoption of a child;
. establishment of tutelage, care about a child;
. annulment or impugnment of parental rights;
. other matters of relations between parents and a child;
. any other matters which concern a child personally as well as matters of its family (including its upbringing, restoration of parental rights, management of its property).
Period covered: 1/4/2007 -      
The preceding statement concerns Article(s) : 1

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