(This Convention was drawn up in French only.)
English translation as published in the
United Nations Treaty Series, 1969, pp. 145 ff.:
CONVENTION CONCERNING THE POWERS OF
AUTHORITIES AND THE LAW APPLICABLE IN RESPECT OF THE PROTECTION OF INFANTS
(Concluded 5 October 1961)
The States
signatory to the present Convention,
Desiring to
establish common provisions on the powers of authorities and the law applicable
in respect of the protection of infants,
Have resolved to
conclude a Convention to this effect and have agreed upon the following
provisions:
Article 1
The judicial or
administrative authorities of the State of the habitual residence of an infant
have power, subject to the provisions of Articles 3 and 4, and paragraph 3 of
Article 5 of the present Convention, to take measures directed to the
protection of his person or property.
Article 2
The authorities
having power by virtue of the terms of Article 1 shall take the measures
provided by their domestic law.
That law shall
determine the conditions for the initiation, modification and termination of
the said measures. It shall also govern their effects both in respect of
relations between the infant and the persons or institutions responsible for
his care, and in respect of third persons.
Article 3
A relationship
subjecting the infant to authority, which arises directly from the domestic law
of the State of the infant's nationality, shall be recognised in all the
Contracting States.
Article 4
If the
authorities of the State of the infant's nationality consider that the
interests of the infant so require, they may, after having informed the
authorities of the State of his habitual residence, take measures according to
their own law for the protection of his person or property.
That law shall
determine the conditions for the initiation, modification and termination of
the said measures. It shall also govern their effects both in respect of
relations between the infant and the persons or institutions responsible for
his care, and in respect of third persons.
The application
of the measures taken shall be assured by the authorities of the State of the
infant's nationality.
The measures
taken by virtue of the preceding paragraphs of the present Article shall
replace any measures which may have been taken by the authorities of the State
where the infant has his habitual residence.
Article 5
If the habitual
residence of an infant is transferred from one Contracting State to another,
measures taken by the authorities of the State of the former habitual residence
shall remain in force in so far as the authorities of the new habitual
residence have not terminated or replaced them.
Measures taken
by the authorities of the State of the former habitual residence shall be
terminated or replaced only after previous notice to the said authorities.
In the case of
change of residence of an infant who was under the protection of authorities of
the State of his nationality, measures taken by them according to their
domestic law shall remain in force in the State of the new habitual residence.
Article 6
The authorities
of the State of the infant's nationality may, in agreement with those of the
State where he has his habitual residence or where he possesses property,
entrust to them the putting into force of the measures taken.
The authorities
of the State of the habitual residence of the infant may do the same with
regard to the authorities of the State where the infant possesses property.
Article 7
The measures
taken by the competent authorities by virtue of the preceding Articles of the
present Convention shall be recognised in all Contracting States. However, if
these measures involve acts of enforcement in a State other than that in which
they have been taken, their recognition and enforcement shall be governed
either by the domestic law of the country in which enforcement is sought, or by
the relevant international conventions.
Article 8
Notwithstanding
the provisions of Articles 3 and 4, and paragraph 3 of Article 5 of the present
Convention, the authorities of the State of the infant's habitual residence may
take measures of protection in so far as the infant is threatened by serious danger
to his person or property.
The authorities
of the other Contracting States are not bound to recognise these measures.
Article 9
In all cases of
urgency, the authorities of any Contracting State in whose territory the infant
or his property is, may take any necessary measures of protection.
When the
authorities which are competent according to the present Convention shall have
taken the steps demanded by the situation, measures taken theretofore under
this Article shall cease, subject to the continued effectiveness of action
completed thereunder.
Article 10
In order to
ensure the continuity of the measures applied to the infant, the authorities of
a Contracting State shall, as far as possible, not take measures with respect
to him save after an exchange of views with the authorities of the other
Contracting States whose decisions are still in force.
Article 11
All authorities
who have taken measures by virtue of the provisions of the present Convention
shall without delay inform the authorities of the State of the infant's
nationality of them and, where appropriate, those of the State of his habitual
residence.
Each Contracting
State shall designate the authorities which can directly give and receive the
information envisaged in the previous paragraph. It shall give notice of such
designation to the Ministry of Foreign Affairs of the Netherlands.
Article 12
For the purposes
of the present Convention, `infant' shall mean any person who has that status,
in accordance with both the domestic law of the State of his nationality and
that of his habitual residence.
Article 13
The present
Convention shall apply to all infants who have their habitual residence in one
of the Contracting States.
Nevertheless any
powers conferred by the present Convention on the authorities of the State of
the infant's nationality shall be reserved to the Contracting States.
Each Contracting
State may reserve the right to limit the application of the present Convention
to infants who are nationals of one of the Contracting States.
Article 14
For the purpose
of the present Convention, if the domestic law of the infant's nationality
consists of a non-unified system, "the domestic law of the State of the
infant's nationality" and "authorities of the State of the infant's
nationality", shall mean respectively the law and the authorities
determined by the rules in force in that system and, failing any such rules,
that law and those authorities within such system with which the infant has the
closest connection.
Article 15
Each Contracting
State may reserve the jurisdiction of its authorities empowered to decide on a
petition for annulment, dissolution or modification of the marital relationship
of the parents of an infant, to take measures for the protection of his person
or property.
The authorities
of the other Contracting States shall not be bound to recognise these measures.
Article 16
The application
of the provisions of the present Convention can only be refused in the
Contracting States if such application is manifestly contrary to public policy.
Article 17
The present
Convention applies only to measures taken after its entry into force.
The
relationships subjecting the infant to authority which arise directly from the
domestic law of the State of the infant's nationality shall be recognised from
the date of entry into force of the Convention.
Article 18
In relations
between the Contracting States the present Convention replaces the Convention
governing the tutelle of infants, signed at The Hague on 12 June, 1902.
It shall not
affect any provisions of other conventions binding the Contracting States at
the time of its entry into force.
Article 19
The present
Convention is open to the signature of the States represented at the Ninth
Session of the Hague Conference on Private International Law.
It shall be
ratified and the instruments of ratification deposited with the Ministry of
Foreign Affairs of the Netherlands.
Article 20
The present
Convention shall enter into effect the sixtieth day after the deposit of the
third instrument of ratification contemplated in Article 19, paragraph 2.
As respects each
signatory State subsequently ratifying the Convention, it shall enter into
effect on the sixtieth day from the date of the deposit of its instrument of
ratification.
Article 21
Any State not
represented at the Ninth Session of the Hague Conference on Private
International Law may adhere to the present Convention after it has entered
into effect in virtue of Article 20, paragraph 1. The instrument of adhesion
shall be deposited with the Ministry of Foreign Affairs of the Netherlands.
The adhesion
shall have effect only in the relations between the adhering State and
Contracting States which declare that they accept this adhesion. The acceptance
shall be notified to the Ministry of Foreign Affairs of the Netherlands.
Between the
adhering State and the State which has declared that it accepts the adhesion
the Convention shall enter into effect the sixtieth day after the notification
mentioned in the preceding paragraph.
Article 22
At the moment of
the signature, ratification or adhesion, each State may declare that the
present Convention shall extend to all the territories which it represents on
the international level, or to one or more of them. This declaration shall have
effect at the moment of the entry into effect of the Convention for that State.
Thereafter, any
extension of this nature shall be notified to the Ministry of Foreign Affairs
of the Netherlands.
When the
declaration of extension is made on the occasion of a signature or
ratification, the Convention shall enter into effect for the territories
indicated in conformity with the provisions of Article 20. When the declaration
of extension is made on the occasion of an adhesion, the Convention shall enter
into effect for the territories indicated in conformity with the provisions of
Article 21.
Article 23
At the latest at
the moment of ratification or adhesion, each State may make the reserves
contemplated in Articles 13, paragraph 3, and 15, paragraph 1, of this
Convention. No other reserve shall be admitted.
When notifying
an extension of the Convention in conformity with Article 22, each State also
may make these reserves with an effect limited to the territories, or some of
them, indicated in the extension.
At any time,
each Contracting State may withdraw a reserve made. Such withdrawal shall be
notified to the Ministry of Foreign Affairs of the Netherlands.
The effect of
the reserve shall cease the sixtieth day after the notification mentioned in
the preceding paragraph.
Article 24
The present
Convention shall have a duration of five years starting from the date of its
entry into effect in conformity with Article 20, paragraph 1, even for States
which have ratified it or adhered hereto subsequently.
The Convention
shall be renewed tacitly every five years, in the absence of a denunciation.
The denunciation
must be notified at least six months before the expiration of the five years
period to the Ministry of Foreign Affairs of the Netherlands.
It may be
limited to certain of the territories to which the Convention applies.
The denunciation
shall have effect only as regards the State which shall have given notice of
it. The Convention shall remain in force for the other Contracting States.
Article 25
The Ministry of
Foreign Affairs of the Netherlands shall give notice to the States indicated in
Article 19, as well as to States which will have adhered in conformity with the
provisions of Article 21, of:
a
notifications dealt with in Article 11, paragraph 2;
b signatures and
ratifications dealt with in Article 19;
c the date at which this
Convention will enter into effect in conformity with the provisions of Article
20, paragraph 1;
d adhesions and acceptances
dealt with in Article 21 and the date at which they will take effect;
e extensions dealt with in
Article 22 and the date at which they will take effect;
f reserves and withdrawals
of reserves dealt with in Article 23;
g denunciations dealt with
in Article 24, paragraph 3.
IN WITNESS
WHEREOF, the undersigned, being duly authorised, have signed the present
Convention.
DONE at The
Hague, on 5 October 1961, in a single copy, which shall be deposited in the
archives of the Government of the Netherlands. A certified true copy shall be
sent, through the diplomatic channel, to each of the States represented at the
Ninth Session of the Hague Conference on Private International Law.
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