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Download XMLEuropees Verdrag inzake de uitoefening van rechten van kinderen
Partijen met voorbehouden, verklaringen en bezwaren
| Partij | Voorbehoud / verklaring | Bezwaren |
|---|---|---|
| Albanië | Ja | Nee |
| Cyprus | Ja | Nee |
| Duitsland | Ja | Nee |
| Finland | Ja | Nee |
| Frankrijk | Ja | Nee |
| Griekenland | Ja | Nee |
| Italië | Ja | Nee |
| Kroatië | Ja | Nee |
| Letland | Ja | Nee |
| Malta | Ja | Nee |
| Montenegro | Ja | Nee |
| Noord-Macedonië | Ja | Nee |
| Oekraïne | Ja | Nee |
| Oostenrijk | Ja | Nee |
| Polen | Ja | Nee |
| Portugal | Ja | Nee |
| Russische Federatie | Ja | Nee |
| Slovenië | Ja | Nee |
| Spanje | Ja | Nee |
| Tsjechië | Ja | Nee |
| Turkije | Ja | Nee |
Albanië
19-10-2011
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.
Cyprus
25-10-2005
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.
Duitsland
10-04-2002
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).
Finland
29-11-2010
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.
Frankrijk
19-09-2007
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.
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.
Griekenland
11-09-1997
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.
Italië
04-07-2003
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.
Kroatië
06-04-2010
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.
Letland
30-05-2001
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.
Malta
20-01-1999
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.
09-03-2015
Malta declares that the provisions of Article 1, paragraph 4, of the Convention, shall
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.
Montenegro
01-10-2010
In accordance with Article 1, paragraph 4, of the Convention, the Republic of Montenegro declares that the Convention will be apllied to the three modes of family disputes before judicial authorities: custody, adoption and access to child.
Noord-Macedonië
15-01-2003
"In accordance with Article 1, paragraphs 4 and 5, of the Convention, "the former Yugoslav 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. "
Oekraïne
21-12-2006
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).
16-10-2015
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.
19-04-2022
The Permanent Representation of Ukraine to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and has the honour […] to inform about the impossibility to guarantee the implementation by the Ukrainian Side in full of its obligations under the above mentioned international treaties of Ukraine for the period of the armed aggression of the Russian Federation against Ukraine and introduction of martial law on the territory of Ukraine, until full termination of the infringement of the sovereignty, territorial integrity and inviolability of borders of Ukraine.
07-12-2023
[…]
Referring to Ukraine’s notification dated 18 April 2022 N° 31011/32-119-26603 [Council
of Europe Notification JJ9359C dated 13 May 2022] in connection with the full-scale
invasion of the Russian Federation in Ukraine, [the Government of Ukraine] further
clarif[ies] that international treaties mentioned therein are implemented on the territory
of Ukraine in full, with the exception of the territories where hostilities are (were)
conducted, or temporarily occupied by the Russian Federation, on which it is impossible
to fully guarantee the Ukrainian Party’s fulfillment of its obligations under the
relevant treaties as a result of the armed aggression of the Russian Federation against
Ukraine, as well as the introduction of martial law on the territory of Ukraine until
the complete cessation of encroachment on the sovereignty, territorial integrity and
inviolability of the borders of Ukraine.
The regularly updated list of territories where hostilities are (were) conducted,
or temporarily occupied by the Russian Federation is located at the link below:
https://zakon.rada.gov.ua/laws/show/z1668-22#Text
Oostenrijk
25-06-2008
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.
Polen
28-11-1997
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.
Portugal
31-03-2014
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.
Russische Federatie
25-03-2022
Depositary communication.
Signatory considered to be suspended as from 16 March 2022.
Slovenië
28-03-2000
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.
Spanje
18-12-2014
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.
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.
Tsjechië
07-03-2001
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,
Turkije
10-05-2002
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: 01/10/02 -
The preceding statement concerns Article(s): 1