Childrens rights

9. 1. States Parties shall ensure that a child

shall not be separated from his or her parents against their will, except when

competent authorities subject to judicial review determine, in accordance with

applicable law and procedures, that such separation is necessary for the best

interests of the child. Such determination may be necessary in a particular case

such as one involving abuse or neglect of the child by the parents, or one where

the parents are living separately and a decision must be made as to the child’s

place of residence.

2. In any proceedings pursuant to paragraph 1 of the present

article, all interested parties shall be given an opportunity to participate in

the proceedings and make their views known.

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.

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