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

Nature of declaration : Declarations, Denunciations, Derogations
Status as of 23/05/2019


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

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