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The Federal Republic of Germany
is a signatory to the United Nations Convention on the Rights of the Child
adopted and opened for signature, ratification
and accession by General Assembly resolution 44/25 of 20 November 1989 entry
into force 2 September 1990, in accordance with article 49
Recognising that the United Nations has, in the Universal Declaration of
Human Rights and in the International Covenants on Human Rights, proclaimed
and agreed that everyone is entitled to all the rights and freedoms set forth
therein, without distinction of any kind, such as race, colour, sex, language,
religion, political or other opinion, national or social origin, property,
birth or other status,
Recalling that, in the Universal Declaration of Human Rights, the United
Nations has proclaimed that childhood is entitled to special care and assistance,
Convinced that the family, as the fundamental group
of society and the natural environment for the growth and well-being of all
its members and particularly children, should be afforded the necessary protection
and assistance so that it can fully assume its responsibilities within the
community,
Recognising that the child, for the full and harmonious development of
his or her personality, should grow up in a family environment, in an atmosphere
of happiness, love and understanding, goes on to state in the following
articles.
Article 2
1. States Parties shall respect and
ensure the rights set forth in the present Convention to each child within
their jurisdiction without discrimination of any kind, irrespective of the
child's or his or her parent's or legal guardian's race, colour, sex, language,
religion, political or other opinion, national, ethnic or social origin, property,
disability, birth or other status.
2. States Parties shall take all appropriate
measures to ensure that the child is protected against all forms of discrimination
or punishment on the basis of the status, activities, expressed opinions,
or beliefs of the child's parents, legal guardians, or family members.
Article 3
1. In all actions concerning children,
whether undertaken by public or private social welfare institutions, courts
of law, administrative authorities or legislative bodies, the best interests
of the child shall be a primary consideration.
2. States Parties undertake to ensure
the child such protection and care as is necessary for his or her well-being,
taking into account the rights and duties of his or her parents, legal guardians,
or other individuals legally responsible for him or her, and, to this end,
shall take all appropriate legislative and administrative measures.
Article 5
States Parties shall respect the responsibilities,
rights and duties of parents or, where applicable, the members of the extended
family or community as provided for by local custom, legal guardians or other
persons legally responsible for the child, to provide, in a manner consistent
with the evolving capacities of the child, appropriate direction and guidance
in the exercise by the child of the rights recognised in the present Convention.
Article 8
1. States Parties undertake to respect the right of the child to preserve
his or her identity, including nationality, name and family relations as
recognised by law without unlawful interference.
2. Where a child is illegally deprived
of some or all of the elements of his or her identity, States Parties shall
provide appropriate assistance and protection, with a view to re-establishing
speedily his or her identity.
Article 9
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.
Article 11
1. States Parties shall take measures
to combat the illicit transfer and non-return of children abroad.
Article 18
1. States Parties shall use their best
efforts to ensure recognition of the principle that both parents have common
responsibilities for the upbringing and development of the child. Parents
or, as the case may be, legal guardians, have the primary responsibility for
the upbringing and development of the child. The best interests of the child
will be their basic concern.
2. For the purpose of guaranteeing and promoting the rights set forth in
the present Convention, States Parties shall render appropriate assistance
to parents and legal guardians in the performance of their child-rearing
responsibilities and shall ensure the development of institutions, facilities
and services for the care of children.
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