Section 75p. 75

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

3. States Parties shall respect the right of the child who is

separated from one or both parents to maintain personal

relations and direct contact with both parents on a

regular basis, except if it is contrary to the child's best

interests.

4. Where such separation results from any action initiated

by a State Party, such as the detention, imprisonment,

exile, deportation or death (including death arising from

any cause while the person is in the custody of the State)

of one or both parents or of the child, that State Party

shall, upon request, provide the parents, the child or, if

appropriate, another member of the family with the

essential information concerning the whereabouts of the

absent member(s) of the family unless the provision of

the information would be detrimental to the well-being

of the child. States Parties shall further ensure that the

submission of such a request shall of itself entail no

adverse consequences for the person(s) concerned.

ARTICLE 10

1. In accordance with the obligation of States Parties

under article 9, paragraph 1, applications by a child or his

or her parents to enter or leave a State Party for the

purpose of family reunification shall be dealt with by

States Parties in a positive, humane and expeditious

manner. States Parties shall further ensure that the

submission of such a request shall entail no adverse

consequences for the applicants and for the members of

their family.

2. A child whose parents reside in different States shall

have the right to maintain on a regular basis, save in

exceptional circumstances personal relations and direct

contacts with both parents. Towards that end and in

accordance with the obligation of States Parties under

article 9, paragraph 1, States Parties shall respect the right

of the child and his or her parents to leave any country,

including their own, and to enter their own country. The

right to leave any country shall be subject only to such

restrictions as are prescribed by law and which are

necessary to protect the national security, public order

(ordre public), public health or morals or the rights and

freedoms of others and are consistent with the other

rights recognized in the present Convention.

ARTICLE 11

1. States Parties shall take measures to combat the illicit

transfer and non-return of children abroad.

2. To this end, States Parties shall promote the conclusion

of bilateral or multilateral agreements or accession to

existing agreements.

ARTICLE 12

1. States Parties shall assure to the child who is capable of

forming his or her own views the right to express those

views freely in all matters affecting the child, the views of

the child being given due weight in accordance with the

age and maturity of the child.

2. For this purpose, the child shall in particular be

provided the opportunity to be heard in any judicial and

administrative proceedings affecting the child, either

directly, or through a representative or an appropriate

body, in a manner consistent with the procedural rules of

national law.

ARTICLE 13

1. The child shall have the right to freedom of expression;

this right shall include freedom to seek, receive and

impart information and ideas of all kinds, regardless of

frontiers, either orally, in writing or in print, in the form of

art, or through any other media of the child's choice.

2. The exercise of this right may be subject to certain

restrictions, but these shall only be such as are provided

by law and are necessary:

(a) For respect of the rights or reputations of others; or

(b) For the protection of national security or of public

order (ordre public), or of public health or morals.

ARTICLE 14

1. States Parties shall respect the right of the child to

freedom of thought, conscience and religion.

2. States Parties shall respect the rights and duties of the

parents and, when applicable, legal guardians, to provide

direction to the child in the exercise of his or her right in a

manner consistent with the evolving capacities of the

child.

3. Freedom to manifest one's religion or beliefs may be

subject only to such limitations as are prescribed by law

and are necessary to protect public safety, order, health or

morals, or the fundamental rights and freedoms of

others.

ARTICLE 15

1. States Parties recognize the rights of the child to

freedom

of association and to freedom of peaceful

assembly.

2. No restrictions may be placed on the exercise of these

rights other than those imposed in conformity with the

law and which are necessary in a democratic society in

the interests of national security or public safety, public

order (ordre public), the protection of public health or

morals or the protection of the rights and freedoms of

others.

ARTICLE 16

1. No child shall be subjected to arbitrary or unlawful

interference with his or her privacy, family, home or

correspondence, nor to unlawful attacks on his or her

honour and reputation.

2. The child has the right to the protection of the law

against such interference or attacks.

ARTICLE 17

States

Parties

recognize

the

important

function

performed by the mass media and shall ensure that the

child has access to information and material from a

diversity of national and international sources, especially

those aimed at the promotion of his or her social, spiritual

and moral well-being and physical and mental health.

To this end, States Parties shall:

(a)

Encourage

the

mass

media

to

disseminate

information and material of social and cultural benefit to

the child and in accordance with the spirit of article 29;

(b)

Encourage

international

co-operation

in

the

production,

exchange

and

dissemination

of

such

information and material from a diversity of cultural,

national and international sources;

(c)

Encourage

the

production

and

dissemination of

children's books;

(d) Encourage the mass media to have particular regard

to the linguistic needs of the child who belongs to a

minority group or who is indigenous;

(e) Encourage the development of appropriate guidelines

for the protection of the child from information and

© Compiled by RGL

75 of 192