Reservations and Declarations for Treaty No.160 - European Convention on the Exercise of Children's Rights

Declarations in force as of today
Status as of 29/07/2016

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: 01/02/2012 -
Articles concerned : 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: 01/10/2008 -
Articles concerned : 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: 01/08/2010 -
Articles concerned : 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: 01/02/2006 -
Articles concerned : 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: 01/07/2001 -
Articles concerned : 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: 01/03/2011 -
Articles concerned : 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: 01/01/2008 -
Articles concerned : 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: 01/01/2008 -
Articles concerned : 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: 01/08/2002 -
Articles concerned : 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: 01/07/2000 -
Articles concerned : 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: 01/11/2003 -
Articles concerned : 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: 01/09/2001 -
Articles concerned : 1


Malta

Declaration contained in a Note Verbale of the Permanent Representation of Malta, dated 6 March 2015, deposited with the instrument of ratification, on 9 March 2015 - 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;
4. Divorce Proceedings;
5. Custody and maintenance of, or visitations rights to children.
Period covered: 01/07/2015 -
Articles concerned : 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: 01/02/2011 -
Articles concerned : 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: 01/07/2000 -
Articles concerned : 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: 01/07/2014 -
Articles concerned : 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: 01/07/2000 -
Articles concerned : 1


Spain

Declarationcontained in the instrument of ratification deposited on 18 December 2014 - Or. Fr.

In accordance with Article 1, paragraph 4, of the Convention, Spain declares that the Convention shall apply to the following proceedings categories:

- Proceedings relating to marriage annulment, separation and divorce and to modification of the measures adopted during those procedures.
- Proceedings relating exclusively to guardianship and custody of minor or to alimony claimed by a parent against the other on behalf of minor children.
- Proceedings relating to filiation, paternity and maternity.
- Proceedings for the contestation of administrative resolutions regarding the protection of minors.
- Proceedings aimed to adopt protection measures of minors in cases referred to in Articles 158 and 216 of the Civil Code.
- Proceedings for the adoption of measures relating to the return of minor victims of international abduction.
- Proceedings for the settlement of issues relating to the exercise of parental authority in case of disagreement between the parents (Article 156 of the Civil Code).
- Proceedings related to foster and adoption of minors (Articles 1825 to 1832 of the Civil Procedure Act of 1881).
- Nomination of guardian or curator (Articles 1833 to 1840 of the Civil Procedure Act of 1881).
- And, in general, any family proceedings in which the rights of minors may be affected by the decision that is taken.
Period covered: 01/04/2015 -
Articles concerned : 1

Declaration contained in the instrument of ratification deposited on 18 December 2014 - Or. Fr.

In the event that this Convention were to be ratified by the United Kingdom and extended to Gibraltar, Spain would like to make the following declaration:

1. Gibraltar is a non-autonomous territory whose international relations come under the responsibility of the United Kingdom, and which is subject to a decolonisation process in accordance with the relevant decisions and resolutions of the General Assembly of the United Nations.

2. The authorities of Gibraltar have a local Administration status and exercise exclusively internal competences which have their origin and their foundation in a distribution and attribution of competences performed by the United Kingdom in compliance with its internal legislation, in its capacity as sovereign State on which the mentioned non-autonomous territory depends.

3. As a result, it is considered that the eventual participation of the Gibraltarian authorities in the application of this Convention will be carried out exclusively as part of the internal competences of Gibraltar and cannot be considered to modify in any way the declarations formulated in the two previous paragraphs.

4. The process provided for by the “Agreed Arrangements relating to Gibraltar authorities in the context of certain international treaties” which have been adopted by Spain and the United Kingdom on 19 December 2007, jointly with the "Agreed Arrangements relating to Gibraltar authorities in the context of EU and EC instruments and related treaties", dated 19 April 2000 apply to the European Convention on the Exercise of Children's Rights.

5. The application of the said Convention to Gibraltar should not be interpreted as an acknowledgment of any right or any situation regarding areas not covered by Article X of the Treaty of Utrecht of 13 July 1713, concluded between the Kingdoms of Spain and of the Great Britain.
Period covered: 01/04/2015 -
Articles concerned : -


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: 01/05/2003 -
Articles concerned : 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: 01/10/2002 -
Articles concerned : 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: 01/04/2007 -
Articles concerned : 1

Declaration contained in a Note verbale from the Ministry of Foreign Affairs of Ukraine, dated 12 October 2015, transmitted by a Note verbale from the Permanent Representation of Ukraine, dated 13 October 2015, registered at the Secretariat General on 16 October 2015 – Or. Engl.

The Ministry of Foreign Affairs of Ukraine presents its compliments to the Secretary General of the Council of Europe, as the Depositary of the European Convention on Information on Foreign Law of 7 June 1968, the Additional Protocol to the European Convention on Information on Foreign Law of 15 March 1978, the European Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders of 30 November 1964, the Convention on the Transfer of Sentenced Persons of 21 March 1983, the Additional Protocol to the Convention on the Transfer of Sentenced Persons of 18 December 1997, the European Convention on the Transfer of Proceedings in Criminal Matters of 15 May 1972, the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959, the Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters of 17 March 1978, the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters of 8 November 2001, the European Convention on Extradition of 13 December 1957, the Additional Protocol to the European Convention on Extradition of 15 October 1975, the Second Additional Protocol to the European Convention on Extradition of 17 March 1978, the European Convention on the Suppression of Terrorism of 27 January 1977, the Protocol amending the European Convention on the Suppression of Terrorism of 15 May 2003, the Council of Europe Convention on the Prevention of Terrorism of 16 May 2005, the European Convention on the International Validity of Criminal Judgments of 28 May 1970, the Convention on Cybercrime of 23 November 2001, the Additional Protocol to the Convention on Cybercrime, concerning the Criminalisation of Acts of a Racist and Xenophobic Nature committed through Computer Systems of 28 January 2003, the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime of 8 November 1990, the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism of 16 May 2005, the Council of Europe Convention on Action against Trafficking in Human Beings of 16 May 2005, the European Convention on the Exercise of Children's Rights of 25 January 1996, the Convention on Contact concerning Children of 15 May 2003, the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children of 20 May 1980, the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse of 25 October 2007, the Convention on the Establishment of a Scheme of Registration of Wills of 16 May 1972, the Agreement on Illicit Traffic by Sea, implementing Article 17 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 31 January 1995, the Criminal Law Convention on Corruption of 27 January 1999, the Additional Protocol to the Criminal Law Convention on Corruption of 15 May 2003 (hereinafter referred to as the «Conventions, Protocols, Agreement» respectively), and has the honour to inform of the following.

In February 2014 the Russian Federation launched armed aggression against Ukraine and occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol, and today exercises effective control over certain districts of the Donetsk and Luhansk oblasts of Ukraine. These actions are in gross violation of the Charter of the United Nations and constitute a threat to international peace and security. The Russian Federation, as the Aggressor State and Occupying Power, bears full responsibility for its actions and their consequences under international law.

The United Nations General Assembly Resolution A/RES/68/262 of 27 March 2014 confirmed the sovereignty and territorial integrity of Ukraine within its internationally recognized borders. The United Nations also called upon all States, international organizations and specialized agencies not to recognize any alteration of the status of the Autonomous Republic of Crimea and the city of Sevastopol.

In this regard, Ukraine states that from 20 February 2014 and for the period of temporary occupation by the Russian Federation of a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol – as a result of the armed aggression of the Russian Federation committed against Ukraine and until the complete restoration of the constitutional law and order and effective control by Ukraine over such occupied territory, as well as over certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine as a result of the aggression of the Russian Federation, the application and implementation by Ukraine of the obligations under the above Conventions, Protocols, Agreement, as applied to the aforementioned occupied and uncontrolled territory of Ukraine, is limited and is not guaranteed.

Documents or requests made or issued by the occupying authorities of the Russian Federation, its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine, are null and void and have no legal effect regardless of whether they are presented directly or indirectly through the authorities of the Russian Federation.

The provisions of the Conventions, Protocols, Agreement regarding the possibility of direct communication or interaction do not apply to the territorial organs of Ukraine in the Autonomous Republic of Crimea and the city of Sevastopol, as well as in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine. The order of the relevant communication is determined by the central authorities of Ukraine in Kyiv.
Period covered: 16/10/2015 -
Articles concerned : -


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