identifier: CETS No. 200

openingPlace: Strasbourg

reference: CETS No. 200

title: Council of Europe Convention on the avoidance of statelessness in relation to State succession

text: Council of Europe Treaty Series - No. 200

text: Council of Europe Convention on the Avoidance of Statelessness in relation to State Succession

text: Strasbourg, 19.V.2006

text: Preamble

text: The member States of the Council of Europe and the other States signatory to this Convention,

text: Considering that the avoidance of statelessness is one of the main concerns of the international community in the field of nationality;

text: Noting that State succession remains a major source of cases of statelessness;

text: Recognising that the European Convention on Nationality (ETS No. 166), opened for signature in Strasbourg on 6 November 1997, contains only general principles and not specific rules on nationality in case of State succession;

text: Bearing in mind that, with regard to statelessness in relation to State succession, other international instruments either do not have a binding character or do not address some important issues;

text: Convinced that for the reasons above there is a need for a comprehensive international instrument on State succession and the avoidance of statelessness which should be interpreted and applied, bearing in mind the principles of the European Convention on Nationality;

text: Taking into account Recommendation No. R (99) 18 of the Committee of Ministers on the Avoidance and Reduction of Statelessness, as well as the practical experience gained in recent years with regard to State succession and statelessness;

text: Having regard to other binding international instruments, namely the United Nations Conventions relating to the Status of Stateless Persons and on the Reduction of Statelessness, and the Vienna Conventions on Succession of States in respect of Treaties and on Succession of States in respect of State Property, Archives and Debts;

text: Having also regard to the draft articles on nationality of natural persons in relation to the succession of States, prepared by the United Nations International Law Commission, contained in the Annex to the United Nations General Assembly Resolution 55/153 of 2001 as well as the Declaration of the European Commission for Democracy through Law (Venice Commission) on the Consequences of State Succession for the Nationality of Natural Persons;

text: Building upon, but without prejudice to, the general principles established in the international instruments and documents mentioned above, by adding specific rules applicable to the particular situation of statelessness in relation to State succession;

text: CETS 200 – Avoidance of Statelessness in relation to State Succession, 19.V.2006 __________________________________________________________________________________

text: In order to give effect to the principles established in the European Convention on Nationality that everyone has the right to a nationality and that the rule of law and human rights, including the prohibition of arbitrary deprivation of nationality and the principle of non-discrimination, must be respected in order to avoid statelessness,

text: Have agreed as follows:

text: For the purposes of this Convention:

text: “State succession” means the replacement of one State by another in the responsibility for the international relations of territory;

text: “State concerned” means the predecessor State or the successor State, as the case may be;

text: “Statelessness” means the situation where a person is not considered as a national by any State under the operation of its internal law;

text: “Habitual residence” means a stable factual residence;

text: “Person concerned” means every individual who, at the time of the State succession, had the nationality of the predecessor State and who has or would become stateless as a result of the State succession.

text: Article 1 – Definitions

text: Everyone who, at the time of the State succession, had the nationality of the predecessor State and who has or would become stateless as a result of the State succession has the right to the nationality of a State concerned, in accordance with the following articles.

text: Article 2 – Right to a nationality

text: The State concerned shall take all appropriate measures to prevent persons who, at the time of the State succession, had the nationality of the predecessor State, from becoming stateless as a result of the succession.

text: Article 3 – Prevention of statelessness

text: When applying this Convention, States concerned shall not discriminate against any person concerned on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

text: Article 4 – Non-discrimination

text: they were habitually resident in the territory which has become territory of the successor State, or

text: they were not habitually resident in any State concerned but had an appropriate connection with the successor State.

text: A successor State shall grant its nationality to persons who, at the time of the State succession, had the nationality of the predecessor State, and who have or would become stateless as a result of the State succession if at that time:

text: a legal bond to a territorial unit of a predecessor State which has become territory of the successor State;

text: birth on the territory which has become territory of the successor State;

text: last habitual residence on the territory of the predecessor State which has become territory of the successor State.

text: For the purpose of paragraph 1, sub-paragraph b, an appropriate connection includes inter alia:

text: Article 5 – Responsibility of the successor State

text: A predecessor State shall not withdraw its nationality from its nationals who have not acquired the nationality of a successor State and who would otherwise become stateless as a result of the State succession.

text: Article 6 – Responsibility of the predecessor State

text: A successor State shall not refuse to grant its nationality under

text: Article 5

text: paragraph 1, subparagraph b, where such nationality reflects the expressed will of the person concerned, on the grounds that such a person can acquire the nationality of another State concerned on the basis of an appropriate connection with that State.

text: Article 7 – Respect for the expressed will of the person concerned

text: A successor State shall not insist on its standard requirements of proof necessary for the granting of its nationality in the case of persons who have or would become stateless as a result of State succession and where it is not reasonable for such persons to meet the standard requirements.

text: A successor State shall not require proof of non-acquisition of another nationality before granting its nationality to persons who were habitually resident on its territory at the time of the State succession and who have or would become stateless as a result of the State succession

text: Article 8 – Rules of proof

text: A State concerned shall facilitate the acquisition of its nationality by persons lawfully and habitually residing on its territory who, despite

text: Articles 5

text: and 6, are stateless as a result of the State succession.

text: Article 9 – Facilitating the acquisition of nationality by stateless persons

text: A State concerned shall grant its nationality at birth to a child born following State succession on its territory to a parent who, at the time of State succession, had the nationality of the predecessor State if that child would otherwise be stateless.

text: Article 10 – Avoiding statelessness at birth

text: States concerned shall take all necessary steps to ensure that persons concerned have sufficient information about rules and procedures with regard to the acquisition of their nationality.

text: Article 11 – Information to persons concerned

text: When applying this Convention, the State concerned shall ensure that in the framework of the procedures relating to nationality: a the relevant applications be processed within a reasonable time; b the relevant decisions contain reasons in writing and be open to an administrative or judicial review in conformity with its internal law; c the fees be reasonable and not an obstacle for applicants.

text: Article 12 – Procedural guarantees

text: States concerned shall endeavour to regulate matters relating to nationality, especially with a view to avoiding statelessness, where appropriate by international agreement.

text: Article 13 – Settlement by international agreement

text: In order to adopt appropriate measures to avoid statelessness arising from State succession, States concerned shall co-operate among themselves, including by providing information with regard to the operation of their relevant internal law. 2 For the same purpose as that mentioned in paragraph 1, States concerned shall also cooperate: a with the Secretary General of the Council of Europe and the United Nations High Commissioner for Refugees (UNHCR) and, b where appropriate, with other States and international organisations.

text: Article 14 – International co-operation

text: This Convention applies in respect of a State succession which has occurred after its entry into force. 2 A State concerned may, however, declare by notification addressed to the Secretary General of the Council of Europe at the time of expressing its consent to be bound by this Convention, or, at any time thereafter, that it will also apply the provisions of this Convention to a State succession occurring before the entry into force of this Convention. 3 If several States concerned make a declaration, as set out in paragraph 2, in respect of the same State succession, this Convention will apply between the States making such declaration.

text: Article 15 – Application of this Convention

text: other binding international instruments in so far as such instruments are compatible with this Convention,

text: The provisions of this Convention shall not prejudice the provisions of internal law and binding international instruments which are already in force or may come into force, under which more favourable rights are or would be accorded to individuals on the avoidance of statelessness. 2 This Convention does not prejudice the application of: a the European Convention on Nationality, in particular its Chapter VI relating to State succession and nationality;

text: in the relationship between the States Parties bound by these instruments.

text: Article 16 – Effects of this Convention

text: Any dispute concerning the interpretation or application of this Convention shall primarily be settled through negotiation.

text: Article 17 – Settlement of disputes

text: signature without reservation as to ratification, acceptance or approval; or

text: signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.

text: This Convention shall be open for signature by the member States of the Council of Europe and the non-member States which have participated in its elaboration. Such States may express their consent to be bound by:

text: Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

text: This Convention shall enter into force, for all States having expressed their consent to be bound by the Convention, on the first day of the month following the expiration of a period of three months after the date on which three member States of the Council of Europe have expressed their consent to be bound by this Convention in accordance with the provisions of the preceding paragraph.

text: In respect of any State which subsequently expresses its consent to be bound by it, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of signature or of the deposit of its instrument of ratification, acceptance or approval.

text: Article 18 – Signature and entry into force

text: After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite any non-member State of the Council of Europe which has not participated in its elaboration to accede to this Convention.

text: In respect of any acceding State, this Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe.

text: Article 19 – Accession

text: No reservations may be made to this Convention except in respect of the provisions of

text: Article 7

text: Article 8

text: , paragraph 2,

text: Article 12

text: and

text: Article 14

text: , paragraph 2, sub-paragraph b.

text: Any reservation made by a State in pursuance of paragraph 1 shall be formulated at the time of signature or upon the deposit of its instrument of ratification, acceptance, approval or accession.

text: Any State may wholly or partly withdraw a reservation it has made in accordance with paragraph 1 by means of a declaration addressed to the Secretary General of the Council of Europe which shall become effective as from the date of its receipt.

text: Article 20 – Reservations

text: Any State Party may at any time denounce this Convention by means of a notification addressed to the Secretary General of the Council of Europe.

text: Such denunciation shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of notification by the Secretary General.

text: Article 21 – Denunciation

text: The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, any Signatory, any Party and any other State which has acceded to this Convention of:

text: any signature;

text: any date of entry into force of this Convention in accordance with

text: Articles 18

text: and 19 of this Convention;

text: any reservation and withdrawal of reservations made in pursuance of the provisions of

text: Article 20

text: of this Convention;

text: any notification or declaration made under the provisions of

text: Articles 15

text: and 21 of this Convention;

text: any other act, notification or communication relating to this Convention.

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.

text: Done at Strasbourg, this 19th day of May 2006, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to each non-member State having participated in the elaboration of this Convention and to any State invited to accede to this Convention.

text: Article 22 – Notifications


doctype: treaty

identifier: CETS No. 201

openingPlace: Lanzarote

publisher: Council of Europe Treaty Office

reference: CETS No. 201

title: Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse

text: Council of Europe Treaty Series - No. 201

type: stycke

text: Council of Europe Convention on the Protection of Children against Sexual

text: Exploitation and Sexual Abuse

text: Lanzarote, 25.X.2007

text: Preamble

text: The member States of the Council of Europe and the other signatories hereto;

text: Considering that the aim of the Council of Europe is to achieve a greater unity between its members;

text: Considering that every child has the right to such measures of protection as are required by his or her status as a minor, on the part of his or her family, society and the State;

text: Observing that the sexual exploitation of children, in particular child pornography and prostitution, and all forms of sexual abuse of children, including acts which are committed abroad, are destructive to children’s health and psycho-social development;

text: Observing that the sexual exploitation and sexual abuse of children have grown to worrying proportions at both national and international level, in particular as regards the increased use by both children and perpetrators of information and communication technologies (ICTs), and that preventing and combating such sexual exploitation and sexual abuse of children require international co-operation;

text: Considering that the well-being and best interests of children are fundamental values shared by all member States and must be promoted without any discrimination;

text: Recalling the Action Plan adopted at the 3rd Summit of Heads of State and Governments of the Council of Europe (Warsaw, 16-17 May 2005), calling for the elaboration of measures to stop sexual exploitation of children;

text: Recalling in particular the Committee of Ministers Recommendation No. R (91) 11 concerning sexual exploitation, pornography and prostitution of, and trafficking in, children and young adults, Recommendation Rec(2001)16 on the protection of children against sexual exploitation, and the Convention on Cybercrime (ETS No. 185), especially

text: Article 9

text: thereof, as well as the Council of Europe Convention on Action against Trafficking in Human Beings (CETS No. 197);

text: Bearing in mind the

text: Convention for the Protection of Human Rights and Fundamental Freedoms

text: (1950, ETS No. 5), the revised European Social Charter (1996, ETS No. 163), and the European Convention on the Exercise of Children’s Rights (1996, ETS No. 160);

text: _____ (*) The Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community entered into force on 1 December 2009. As a consequence, as from that date, any reference to the European Economic Community shall be read as the European Union.

text: CETS 201 – Protection of Children against Sexual Exploitation and Sexual Abuse, 25.X.2007 __________________________________________________________________________________

text: Also bearing in mind the United Nations

text: Convention on the Rights of the Child

text: , especially

text: Article 34

text: thereof, the Optional Protocol on the sale of children, child prostitution and child pornography, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, as well as the International Labour Organization Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour;

text: Bearing in mind the Council of the European Union Framework Decision on combating the sexual exploitation of children and child pornography (2004/68/JHA), the Council of the European Union Framework Decision on the standing of victims in criminal proceedings (2001/220/JHA), and the Council of the European Union Framework Decision on combating trafficking in human beings (2002/629/JHA);

text: Taking due account of other relevant international instruments and programmes in this field, in particular the Stockholm Declaration and Agenda for Action, adopted at the 1st World Congress against Commercial Sexual Exploitation of Children (27-31 August 1996), the Yokohama Global Commitment adopted at the 2nd World Congress against Commercial Sexual Exploitation of Children (17-20 December 2001), the Budapest Commitment and Plan of Action, adopted at the preparatory Conference for the 2nd World Congress against Commercial Sexual Exploitation of Children (20-21 November 2001), the United Nations General Assembly Resolution S-27/2 “A world fit for children” and the three-year programme “Building a Europe for and with children”, adopted following the 3rd Summit and launched by the Monaco Conference (4-5 April 2006);

text: Determined to contribute effectively to the common goal of protecting children against sexual exploitation and sexual abuse, whoever the perpetrator may be, and of providing assistance to victims;

text: Taking into account the need to prepare a comprehensive international instrument focusing on the preventive, protective and criminal law aspects of the fight against all forms of sexual exploitation and sexual abuse of children and setting up a specific monitoring mechanism,

text: Have agreed as follows:

text: Chapter I – Purposes, non-discrimination principle and definitions

type: rubrik

ordinal: a

text: prevent and combat sexual exploitation and sexual abuse of children;

type: punkt

ordinal: b

text: protect the rights of child victims of sexual exploitation and sexual abuse;

ordinal: c

text: promote national and international co-operation against sexual exploitation and sexual abuse of children.

text: The purposes of this Convention are to:

text: In order to ensure effective implementation of its provisions by the Parties, this Convention sets up a specific monitoring mechanism.

text: Article 1 – Purposes

type: artikel

text: The implementation of the provisions of this Convention by the Parties, in particular the enjoyment of measures to protect the rights of victims, shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth, sexual orientation, state of health, disability or other status.

text: Article 2 – Non-discrimination principle

text: For the purposes of this Convention:

text: “child” shall mean any person under the age of 18 years;

text: “sexual exploitation and sexual abuse of children” shall include the behaviour as referred to in

text: Articles 18

text: to 23 of this Convention;

text: “victim” shall mean any child subject to sexual exploitation or sexual abuse.

text: Article 3 – Definitions

text: Chapter II – Preventive measures

text: Each Party shall take the necessary legislative or other measures to prevent all forms of sexual exploitation and sexual abuse of children and to protect children.

text: Article 4 – Principles

text: Each Party shall take the necessary legislative or other measures to encourage awareness of the protection and rights of children among persons who have regular contacts with children in the education, health, social protection, judicial and law-enforcement sectors and in areas relating to sport, culture and leisure activities.

text: Each Party shall take the necessary legislative or other measures to ensure that the persons referred to in paragraph 1 have an adequate knowledge of sexual exploitation and sexual abuse of children, of the means to identify them and of the possibility mentioned in

text: Article 12

text: , paragraph 1.

text: Each Party shall take the necessary legislative or other measures, in conformity with its internal law, to ensure that the conditions to accede to those professions whose exercise implies regular contacts with children ensure that the candidates to these professions have not been convicted of acts of sexual exploitation or sexual abuse of children.

text: Article 5 – Recruitment, training and awareness raising of persons working in contact with children

text: Each Party shall take the necessary legislative or other measures to ensure that children, during primary and secondary education, receive information on the risks of sexual exploitation and sexual abuse, as well as on the means to protect themselves, adapted to their evolving capacity. This information, provided in collaboration with parents, where appropriate, shall be given within a more general context of information on sexuality and shall pay special attention to situations of risk, especially those involving the use of new information and communication technologies.

text: Article 6 – Education for children

text: Each Party shall ensure that persons who fear that they might commit any of the offences established in accordance with this Convention may have access, where appropriate, to effective intervention programmes or measures designed to evaluate and prevent the risk of offences being committed.

text: Article 7 – Preventive intervention programmes or measures

text: Each Party shall promote or conduct awareness raising campaigns addressed to the general public providing information on the phenomenon of sexual exploitation and sexual abuse of children and on the preventive measures which can be taken.

text: Each Party shall take the necessary legislative or other measures to prevent or prohibit the dissemination of materials advertising the offences established in accordance with this Convention.

text: Article 8 – Measures for the general public

text: Each Party shall encourage the participation of children, according to their evolving capacity, in the development and the implementation of state policies, programmes or others initiatives concerning the fight against sexual exploitation and sexual abuse of children.

text: Each Party shall encourage the private sector, in particular the information and communication technology sector, the tourism and travel industry and the banking and finance sectors, as well as civil society, to participate in the elaboration and implementation of policies to prevent sexual exploitation and sexual abuse of children and to implement internal norms through self-regulation or co-regulation.

text: Each Party shall encourage the media to provide appropriate information concerning all aspects of sexual exploitation and sexual abuse of children, with due respect for the independence of the media and freedom of the press.

text: Each Party shall encourage the financing, including, where appropriate, by the creation of funds, of the projects and programmes carried out by civil society aiming at preventing and protecting children from sexual exploitation and sexual abuse.

text: Article 9 – Participation of children, the private sector, the media and civil society

text: Chapter III – Specialised authorities and co-ordinating bodies

text: Each Party shall take the necessary measures to ensure the co-ordination on a national or local level between the different agencies in charge of the protection from, the prevention of and the fight against sexual exploitation and sexual abuse of children, notably the education sector, the health sector, the social services and the law-enforcement and judicial authorities.

text: independent competent national or local institutions for the promotion and protection of the rights of the child, ensuring that they are provided with specific resources and responsibilities;

text: mechanisms for data collection or focal points, at the national or local levels and in collaboration with civil society, for the purpose of observing and evaluating the phenomenon of sexual exploitation and sexual abuse of children, with due respect for the requirements of personal data protection.

text: Each Party shall take the necessary legislative or other measures to set up or designate:

text: Each Party shall encourage co-operation between the competent state authorities, civil society and the private sector, in order to better prevent and combat sexual exploitation and sexual abuse of children.

text: Article 10 – National measures of co-ordination and collaboration

text: Chapter IV – Protective measures and assistance to victims

text: Each Party shall establish effective social programmes and set up multidisciplinary structures to provide the necessary support for victims, their close relatives and for any person who is responsible for their care.

text: Each Party shall take the necessary legislative or other measures to ensure that when the age of the victim is uncertain and there are reasons to believe that the victim is a child, the protection and assistance measures provided for children shall be accorded to him or her pending verification of his or her age.

text: Article 11 – Principles

text: Each Party shall take the necessary legislative or other measures to ensure that the confidentiality rules imposed by internal law on certain professionals called upon to work in contact with children do not constitute an obstacle to the possibility, for those professionals, of their reporting to the services responsible for child protection any situation where they have reasonable grounds for believing that a child is the victim of sexual exploitation or sexual abuse.

text: Each Party shall take the necessary legislative or other measures to encourage any person who knows about or suspects, in good faith, sexual exploitation or sexual abuse of children to report these facts to the competent services.

text: Article 12 – Reporting suspicion of sexual exploitation or sexual abuse

text: Each Party shall take the necessary legislative or other measures to encourage and support the setting up of information services, such as telephone or Internet helplines, to provide advice to callers, even confidentially or with due regard for their anonymity.

text: Article 13 – Helplines

text: Each Party shall take the necessary legislative or other measures to assist victims, in the short and long term, in their physical and psycho-social recovery. Measures taken pursuant to this paragraph shall take due account of the child’s views, needs and concerns.

text: Each Party shall take measures, under the conditions provided for by its internal law, to cooperate with non-governmental organisations, other relevant organisations or other elements of civil society engaged in assistance to victims.

text: When the parents or persons who have care of the child are involved in his or her sexual exploitation or sexual abuse, the intervention procedures taken in application of

text: Article 11

text: , paragraph 1, shall include:

text: – the possibility of removing the alleged perpetrator;

text: – the possibility of removing the victim from his or her family environment. The conditions and duration of such removal shall be determined in accordance with the best interests of the child.

text: Each Party shall take the necessary legislative or other measures to ensure that the persons who are close to the victim may benefit, where appropriate, from therapeutic assistance, notably emergency psychological care.

text: Article 14 – Assistance to victims

text: Chapter V – Intervention programmes or measures

text: Each Party shall ensure or promote, in accordance with its internal law, effective intervention programmes or measures for the persons referred to in

text: Article 16

text: , paragraphs 1 and 2, with a view to preventing and minimising the risks of repeated offences of a sexual nature against children. Such programmes or measures shall be accessible at any time during the proceedings, inside and outside prison, according to the conditions laid down in internal law.

text: Each Party shall ensure or promote, in accordance with its internal law, the development of partnerships or other forms of co-operation between the competent authorities, in particular health-care services and the social services, and the judicial authorities and other bodies responsible for following the persons referred to in

text: Article 16

text: , paragraphs 1 and 2.

text: Each Party shall provide, in accordance with its internal law, for an assessment of the dangerousness and possible risks of repetition of the offences established in accordance with this Convention, by the persons referred to in

text: Article 16

text: , paragraphs 1 and 2, with the aim of identifying appropriate programmes or measures.

text: Each Party shall provide, in accordance with its internal law, for an assessment of the effectiveness of the programmes and measures implemented.

text: Article 15 – General principles

text: Each Party shall ensure, in accordance with its internal law, that persons subject to criminal proceedings for any of the offences established in accordance with this Convention may have access to the programmes or measures mentioned in

text: Article 15

text: , paragraph 1, under conditions which are neither detrimental nor contrary to the rights of the defence and to the requirements of a fair and impartial trial, and particularly with due respect for the rules governing the principle of the presumption of innocence.

text: Each Party shall ensure, in accordance with its internal law, that persons convicted of any of the offences established in accordance with this Convention may have access to the programmes or measures mentioned in

text: Article 15

text: , paragraph 1.

text: Each Party shall ensure, in accordance with its internal law, that intervention programmes or measures are developed or adapted to meet the developmental needs of children who sexually offend, including those who are below the age of criminal responsibility, with the aim of addressing their sexual behavioural problems.

text: Article 16 – Recipients of intervention programmes and measures

text: Each Party shall ensure, in accordance with its internal law, that the persons referred to in

text: Article 16

text: to whom intervention programmes or measures have been proposed are fully informed of the reasons for the proposal and consent to the programme or measure in full knowledge of the facts.

text: Each Party shall ensure, in accordance with its internal law, that persons to whom intervention programmes or measures have been proposed may refuse them and, in the case of convicted persons, that they are made aware of the possible consequences a refusal might have.

text: Article 17 – Information and consent

text: Chapter VI – Substantive criminal law

text: Each Party shall take the necessary legislative or other measures to ensure that the following intentional conduct is criminalised: a engaging in sexual activities with a child who, according to the relevant provisions of national law, has not reached the legal age for sexual activities; b engaging in sexual activities with a child where: – use is made of coercion, force or threats; or – abuse is made of a recognised position of trust, authority or influence over the child, including within the family; or – abuse is made of a particularly vulnerable situation of the child, notably because of a mental or physical disability or a situation of dependence. 2 For the purpose of paragraph 1 above, each Party shall decide the age below which it is prohibited to engage in sexual activities with a child. 3 The provisions of paragraph 1.a are not intended to govern consensual sexual activities between minors.

text: Article 18 – Sexual abuse

text: Each Party shall take the necessary legislative or other measures to ensure that the following intentional conduct is criminalised: a recruiting a child into prostitution or causing a child to participate in prostitution; b coercing a child into prostitution or profiting from or otherwise exploiting a child for such purposes; c having recourse to child prostitution. 2 For the purpose of the present article, the term “child prostitution” shall mean the fact of using a child for sexual activities where money or any other form of remuneration or consideration is given or promised as payment, regardless if this payment, promise or consideration is made to the child or to a third person.

text: Article 19 – Offences concerning child prostitution

text: possessing child pornography;

text: knowingly obtaining access, through information and communication technologies, to child pornography.

text: Each Party shall take the necessary legislative or other measures to ensure that the following intentional conduct, when committed without right, is criminalised: a producing child pornography; b offering or making available child pornography; c distributing or transmitting child pornography; d procuring child pornography for oneself or for another person;

text: For the purpose of the present article, the term “child pornography” shall mean any material that visually depicts a child engaged in real or simulated sexually explicit conduct or any depiction of a child’s sexual organs for primarily sexual purposes.

text: Each Party may reserve the right not to apply, in whole or in part, paragraph 1.a and e to the production and possession of pornographic material:

text: – consisting exclusively of simulated representations or realistic images of a non-existent child;

text: – involving children who have reached the age set in application of

text: Article 18

text: , paragraph 2, where these images are produced and possessed by them with their consent and solely for their own private use.

text: Each Party may reserve the right not to apply, in whole or in part, paragraph 1.f.

text: Article 20 – Offences concerning child pornography

text: recruiting a child into participating in pornographic performances or causing a child to participate in such performances;

text: coercing a child into participating in pornographic performances or profiting from or otherwise exploiting a child for such purposes;

text: knowingly attending pornographic performances involving the participation of children.

text: Each Party shall take the necessary legislative or other measures to ensure that the following intentional conduct is criminalised:

text: Each Party may reserve the right to limit the application of paragraph 1.c to cases where children have been recruited or coerced in conformity with paragraph 1.a or b.

text: Article 21 – Offences concerning the participation of a child in pornographic performances

text: Each Party shall take the necessary legislative or other measures to criminalise the intentional causing, for sexual purposes, of a child who has not reached the age set in application of

text: Article 18

text: , paragraph 2, to witness sexual abuse or sexual activities, even without having to participate.

text: Article 22 – Corruption of children

text: Each Party shall take the necessary legislative or other measures to criminalise the intentional proposal, through information and communication technologies, of an adult to meet a child who has not reached the age set in application of

text: Article 18

text: , paragraph 2, for the purpose of committing any of the offences established in accordance with

text: Article 18

text: , paragraph 1.a, or

text: Article 20

text: , paragraph 1.a, against him or her, where this proposal has been followed by material acts leading to such a meeting.

text: Article 23 – Solicitation of children for sexual purposes

text: Each Party shall take the necessary legislative or other measures to establish as criminal offences, when committed intentionally, aiding or abetting the commission of any of the offences established in accordance with this Convention.

text: Each Party shall take the necessary legislative or other measures to establish as criminal offences, when committed intentionally, attempts to commit the offences established in accordance with this Convention.

text: Each Party may reserve the right not to apply, in whole or in part, paragraph 2 to offences established in accordance with

text: Article 20

text: , paragraph 1.b, d, e and f,

text: Article 21

text: , paragraph 1.c,

text: Article 22

text: and

text: Article 23

text: Article 24 – Aiding or abetting and attempt

text: in its territory; or b on board a ship flying the flag of that Party; or c on board an aircraft registered under the laws of that Party; or d by one of its nationals; or e by a person who has his or her habitual residence in its territory.

text: Each Party shall take the necessary legislative or other measures to establish jurisdiction over any offence established in accordance with this Convention, when the offence is committed:

text: Each Party shall endeavour to take the necessary legislative or other measures to establish jurisdiction over any offence established in accordance with this Convention where the offence is committed against one of its nationals or a person who has his or her habitual residence in its territory.

text: Each Party may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that it reserves the right not to apply or to apply only in specific cases or conditions the jurisdiction rules laid down in paragraph 1.e of this article.

text: For the prosecution of the offences established in accordance with

text: Articles 18

text: , 19, 20, paragraph 1.a, and 21, paragraph 1.a and b, of this Convention, each Party shall take the necessary legislative or other measures to ensure that its jurisdiction as regards paragraph 1.d is not subordinated to the condition that the acts are criminalised at the place where they were performed.

text: Each Party may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that it reserves the right to limit the application of paragraph 4 of this article, with regard to offences established in accordance with

text: Article 18

text: , paragraph 1.b, second and third indents, to cases where its national has his or her habitual residence in its territory.

text: Articles 18

text: , 19, 20, paragraph 1.a, and 21 of this Convention, each Party shall take the necessary legislative or other measures to ensure that its jurisdiction as regards paragraphs 1.d and e is not subordinated to the condition that the prosecution can only be initiated following a report from the victim or a denunciation from the State of the place where the offence was committed.

text: Each Party shall take the necessary legislative or other measures to establish jurisdiction over the offences established in accordance with this Convention, in cases where an alleged offender is present on its territory and it does not extradite him or her to another Party, solely on the basis of his or her nationality.

text: When more than one Party claims jurisdiction over an alleged offence established in accordance with this Convention, the Parties involved shall, where appropriate, consult with a view to determining the most appropriate jurisdiction for prosecution.

text: Without prejudice to the general rules of international law, this Convention does not exclude any criminal jurisdiction exercised by a Party in accordance with its internal law.

text: Article 25 – Jurisdiction

text: power of representation of the legal person; b an authority to take decisions on behalf of the legal person; c an authority to exercise control within the legal person.

text: Each Party shall take the necessary legislative or other measures to ensure that a legal person can be held liable for an offence established in accordance with this Convention, committed for its benefit by any natural person, acting either individually or as part of an organ of the legal person, who has a leading position within the legal person, based on:

text: Apart from the cases already provided for in paragraph 1, each Party shall take the necessary legislative or other measures to ensure that a legal person can be held liable where the lack of supervision or control by a natural person referred to in paragraph 1 has made possible the commission of an offence established in accordance with this Convention for the benefit of that legal person by a natural person acting under its authority.

text: Subject to the legal principles of the Party, the liability of a legal person may be criminal, civil or administrative.

text: Such liability shall be without prejudice to the criminal liability of the natural persons who have committed the offence.

text: Article 26 – Corporate liability

text: Each Party shall take the necessary legislative or other measures to ensure that the offences established in accordance with this Convention are punishable by effective, proportionate and dissuasive sanctions, taking into account their seriousness. These sanctions shall include penalties involving deprivation of liberty which can give rise to extradition.

text: exclusion from entitlement to public benefits or aid; b temporary or permanent disqualification from the practice of commercial activities; c placing under judicial supervision; d judicial winding-up order.

text: Each Party shall take the necessary legislative or other measures to ensure that legal persons held liable in accordance with

text: Article 26

text: shall be subject to effective, proportionate and dissuasive sanctions which shall include monetary criminal or non-criminal fines and may include other measures, in particular:

text: provide for the seizure and confiscation of:

text: enable the temporary or permanent closure of any establishment used to carry out any of the offences established in accordance with this Convention, without prejudice to the rights of bona fide third parties, or to deny the perpetrator, temporarily or permanently, the exercise of the professional or voluntary activity involving contact with children in the course of which the offence was committed.

text: Each Party shall take the necessary legislative or other measures to:

text: – goods, documents and other instrumentalities used to commit the offences, established in accordance with this Convention or to facilitate their commission;

text: – proceeds derived from such offences or property the value of which corresponds to such proceeds;

text: Each Party may adopt other measures in relation to perpetrators, such as withdrawal of parental rights or monitoring or supervision of convicted persons.

text: Each Party may establish that the proceeds of crime or property confiscated in accordance with this article can be allocated to a special fund in order to finance prevention and assistance programmes for victims of any of the offences established in accordance with this Convention.

text: Article 27 – Sanctions and measures

text: Each Party shall take the necessary legislative or other measures to ensure that the following circumstances, in so far as they do not already form part of the constituent elements of the offence, may, in conformity with the relevant provisions of internal law, be taken into consideration as aggravating circumstances in the determination of the sanctions in relation to the offences established in accordance with this Convention:

text: the offence seriously damaged the physical or mental health of the victim;

text: the offence was preceded or accompanied by acts of torture or serious violence;

text: the offence was committed against a particularly vulnerable victim;

text: the offence was committed by a member of the family, a person cohabiting with the child or a person having abused his or her authority;

text: the offence was committed by several people acting together;

text: the offence was committed within the framework of a criminal organisation;

text: the perpetrator has previously been convicted of offences of the same nature.

text: Article 28 – Aggravating circumstances

text: Each Party shall take the necessary legislative or other measures to provide for the possibility to take into account final sentences passed by another Party in relation to the offences established in accordance with this Convention when determining the sanctions.

text: Article 29 – Previous convictions

text: Chapter VII – Investigation, prosecution and procedural law

text: Each Party shall take the necessary legislative or other measures to ensure that investigations and criminal proceedings are carried out in the best interests and respecting the rights of the child.

text: Each Party shall adopt a protective approach towards victims, ensuring that the investigations and criminal proceedings do not aggravate the trauma experienced by the child and that the criminal justice response is followed by assistance, where appropriate.

text: Each Party shall ensure that the investigations and criminal proceedings are treated as priority and carried out without any unjustified delay.

text: Each Party shall ensure that the measures applicable under the current chapter are not prejudicial to the rights of the defence and the requirements of a fair and impartial trial, in conformity with

text: Article 6

text: of the

text: Each Party shall take the necessary legislative or other measures, in conformity with the fundamental principles of its internal law:

text: – to ensure an effective investigation and prosecution of offences established in accordance with this Convention, allowing, where appropriate, for the possibility of covert operations;

text: – to enable units or investigative services to identify the victims of the offences established in accordance with

text: Article 20

text: , in particular by analysing child pornography material, such as photographs and audiovisual recordings transmitted or made available through the use of information and communication technologies.

text: Article 30 – Principles

text: informing them of their rights and the services at their disposal and, unless they do not wish to receive such information, the follow-up given to their complaint, the charges, the general progress of the investigation or proceedings, and their role therein as well as the outcome of their cases;

text: ensuring, at least in cases where the victims and their families might be in danger, that they may be informed, if necessary, when the person prosecuted or convicted is released temporarily or definitively;

text: enabling them, in a manner consistent with the procedural rules of internal law, to be heard, to supply evidence and to choose the means of having their views, needs and concerns presented, directly or through an intermediary, and considered;

text: providing them with appropriate support services so that their rights and interests are duly presented and taken into account;

text: protecting their privacy, their identity and their image and by taking measures in accordance with internal law to prevent the public dissemination of any information that could lead to their identification;

text: providing for their safety, as well as that of their families and witnesses on their behalf, from intimidation, retaliation and repeat victimisation;

text: ensuring that contact between victims and perpetrators within court and law enforcement agency premises is avoided, unless the competent authorities establish otherwise in the best interests of the child or when the investigations or proceedings require such contact.

text: Each Party shall take the necessary legislative or other measures to protect the rights and interests of victims, including their special needs as witnesses, at all stages of investigations and criminal proceedings, in particular by:

text: Each Party shall ensure that victims have access, as from their first contact with the competent authorities, to information on relevant judicial and administrative proceedings.

text: Each Party shall ensure that victims have access, provided free of charge where warranted, to legal aid when it is possible for them to have the status of parties to criminal proceedings.

text: Each Party shall provide for the possibility for the judicial authorities to appoint a special representative for the victim when, by internal law, he or she may have the status of a party to the criminal proceedings and where the holders of parental responsibility are precluded from representing the child in such proceedings as a result of a conflict of interest between them and the victim.

text: Each Party shall provide, by means of legislative or other measures, in accordance with the conditions provided for by its internal law, the possibility for groups, foundations, associations or governmental or non-governmental organisations, to assist and/or support the victims with their consent during criminal proceedings concerning the offences established in accordance with this Convention.

text: Each Party shall ensure that the information given to victims in conformity with the provisions of this article is provided in a manner adapted to their age and maturity and in a language that they can understand.

text: Article 31 – General measures of protection

text: Each Party shall take the necessary legislative or other measures to ensure that investigations or prosecution of offences established in accordance with this Convention shall not be dependent upon the report or accusation made by a victim, and that the proceedings may continue even if the victim has withdrawn his or her statements.

text: Article 32 – Initiation of proceedings

text: Each Party shall take the necessary legislative or other measures to ensure that the statute of limitation for initiating proceedings with regard to the offences established in accordance with

text: Articles 18

text: , 19, paragraph 1.a and b, and 21, paragraph 1.a and b, shall continue for a period of time sufficient to allow the efficient starting of proceedings after the victim has reached the age of majority and which is commensurate with the gravity of the crime in question.

text: Article 33 – Statute of limitation

text: Each Party shall adopt such measures as may be necessary to ensure that persons, units or services in charge of investigations are specialised in the field of combating sexual exploitation and sexual abuse of children or that persons are trained for this purpose. Such units or services shall have adequate financial resources.

text: Each Party shall take the necessary legislative or other measures to ensure that uncertainty as to the actual age of the victim shall not prevent the initiation of criminal investigations.

text: Article 34 – Investigations

text: interviews with the child take place without unjustified delay after the facts have been reported to the competent authorities;

text: interviews with the child take place, where necessary, in premises designed or adapted for this purpose;

text: interviews with the child are carried out by professionals trained for this purpose;

text: the same persons, if possible and where appropriate, conduct all interviews with the child;

text: the number of interviews is as limited as possible and in so far as strictly necessary for the purpose of criminal proceedings;

text: the child may be accompanied by his or her legal representative or, where appropriate, an adult of his or her choice, unless a reasoned decision has been made to the contrary in respect of that person.

text: Each Party shall take the necessary legislative or other measures to ensure that:

text: Each Party shall take the necessary legislative or other measures to ensure that all interviews with the victim or, where appropriate, those with a child witness, may be videotaped and that these videotaped interviews may be accepted as evidence during the court proceedings, according to the rules provided by its internal law.

text: When the age of the victim is uncertain and there are reasons to believe that the victim is a child, the measures established in paragraphs 1 and 2 shall be applied pending verification of his or her age.

text: Article 35 – Interviews with the child

text: Each Party shall take the necessary legislative or other measures, with due respect for the rules governing the autonomy of legal professions, to ensure that training on children’s rights and sexual exploitation and sexual abuse of children is available for the benefit of all persons involved in the proceedings, in particular judges, prosecutors and lawyers.

text: the judge may order the hearing to take place without the presence of the public;

text: the victim may be heard in the courtroom without being present, notably through the use of appropriate communication technologies.

text: Each Party shall take the necessary legislative or other measures to ensure, according to the rules provided by its internal law, that:

text: Article 36 – Criminal court proceedings

text: Chapter VIII – Recording and storing of data

text: For the purposes of prevention and prosecution of the offences established in accordance with this Convention, each Party shall take the necessary legislative or other measures to collect and store, in accordance with the relevant provisions on the protection of personal data and other appropriate rules and guarantees as prescribed by domestic law, data relating to the identity and to the genetic profile (DNA) of persons convicted of the offences established in accordance with this Convention.

text: Each Party shall, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, communicate to the Secretary General of the Council of Europe the name and address of a single national authority in charge for the purposes of paragraph 1.

text: Each Party shall take the necessary legislative or other measures to ensure that the information referred to in paragraph 1 can be transmitted to the competent authority of another Party, in conformity with the conditions established in its internal law and the relevant international instruments.

text: Article 37 – Recording and storing of national data on convicted sexual offenders

text: Chapter IX – International co-operation

text: preventing and combating sexual exploitation and sexual abuse of children;

text: protecting and providing assistance to victims;

text: investigations or proceedings concerning the offences established in accordance with this Convention.

text: The Parties shall co-operate with each other, in accordance with the provisions of this Convention, and through the application of relevant applicable international and regional instruments, arrangements agreed on the basis of uniform or reciprocal legislation and internal laws, to the widest extent possible, for the purpose of:

text: Each Party shall take the necessary legislative or other measures to ensure that victims of an offence established in accordance with this Convention in the territory of a Party other than the one where they reside may make a complaint before the competent authorities of their State of residence.

text: If a Party that makes mutual legal assistance in criminal matters or extradition conditional on the existence of a treaty receives a request for legal assistance or extradition from a Party with which it has not concluded such a treaty, it may consider this Convention the legal basis for mutual legal assistance in criminal matters or extradition in respect of the offences established in accordance with this Convention.

text: Each Party shall endeavour to integrate, where appropriate, prevention and the fight against sexual exploitation and sexual abuse of children in assistance programmes for development provided for the benefit of third states.

text: Article 38 – General principles and measures for international co-operation

text: Chapter X – Monitoring mechanism

text: The Committee of the Parties shall be composed of representatives of the Parties to the Convention.

text: The Committee of the Parties shall be convened by the Secretary General of the Council of Europe. Its first meeting shall be held within a period of one year following the entry into force of this Convention for the tenth signatory having ratified it. It shall subsequently meet whenever at least one third of the Parties or the Secretary General so requests.

text: The Committee of the Parties shall adopt its own rules of procedure.

text: Article 39 – Committee of the Parties

text: The Parliamentary Assembly of the Council of Europe, the Commissioner for Human Rights, the European Committee on Crime Problems (CDPC), as well as other relevant Council of Europe intergovernmental committees, shall each appoint a representative to the Committee of the Parties.

text: The Committee of Ministers may invite other Council of Europe bodies to appoint a representative to the Committee of the Parties after consulting the latter.

text: Representatives of civil society, and in particular non-governmental organisations, may be admitted as observers to the Committee of the Parties following the procedure established by the relevant rules of the Council of Europe.

text: Representatives appointed under paragraphs 1 to 3 above shall participate in meetings of the Committee of the Parties without the right to vote.

text: Article 40 – Other representatives

text: The Committee of the Parties shall monitor the implementation of this Convention. The rules of procedure of the Committee of the Parties shall determine the procedure for evaluating the implementation of this Convention.

text: The Committee of the Parties shall facilitate the collection, analysis and exchange of information, experience and good practice between States to improve their capacity to prevent and combat sexual exploitation and sexual abuse of children.

text: facilitate the effective use and implementation of this Convention, including the identification of any problems and the effects of any declaration or reservation made under this Convention;

text: express an opinion on any question concerning the application of this Convention and facilitate the exchange of information on significant legal, policy or technological developments.

text: The Committee of the Parties shall also, where appropriate:

text: The Committee of the Parties shall be assisted by the Secretariat of the Council of Europe in carrying out its functions pursuant to this article.

text: The European Committee on Crime Problems (CDPC) shall be kept periodically informed regarding the activities mentioned in paragraphs 1, 2 and 3 of this article.

text: Article 41 – Functions of the Committee of the Parties

text: Chapter XI – Relationship with other international instruments

text: This Convention shall not affect the rights and obligations arising from the provisions of the United Nations

text: Convention on the Rights of the Child

text: and its Optional Protocol on the sale of children, child prostitution and child pornography, and is intended to enhance the protection afforded by them and develop and complement the standards contained therein.

text: Article 42

text: – Relationship with the United Nations

text: Convention on the Rights of the Child

text: and its Optional Protocol on the sale of children, child prostitution and child pornography

text: This Convention shall not affect the rights and obligations arising from the provisions of other international instruments to which Parties to the present Convention are Parties or shall become Parties and which contain provisions on matters governed by this Convention and which ensure greater protection and assistance for child victims of sexual exploitation or sexual abuse.

text: The Parties to the Convention may conclude bilateral or multilateral agreements with one another on the matters dealt with in this Convention, for purposes of supplementing or strengthening its provisions or facilitating the application of the principles embodied in it.

text: Parties which are members of the European Union shall, in their mutual relations, apply Community and European Union rules in so far as there are Community or European Union rules governing the particular subject concerned and applicable to the specific case, without prejudice to the object and purpose of the present Convention and without prejudice to its full application with other Parties.

text: Article 43 – Relationship with other international instruments

text: Chapter XII – Amendments to the Convention

text: Any proposal for an amendment to this Convention presented by a Party shall be communicated to the Secretary General of the Council of Europe and forwarded by him or her to the member States of the Council of Europe, any signatory, any State Party, the European Community, any State invited to sign this Convention in accordance with the provisions of

text: Article 45

text: , paragraph 1, and any State invited to accede to this Convention in accordance with the provisions of

text: Article 46

text: , paragraph 1.

text: Any amendment proposed by a Party shall be communicated to the European Committee on Crime Problems (CDPC), which shall submit to the Committee of Ministers its opinion on that proposed amendment.

text: The Committee of Ministers shall consider the proposed amendment and the opinion submitted by the CDPC and, following consultation with the non-member States Parties to this Convention, may adopt the amendment.

text: The text of any amendment adopted by the Committee of Ministers in accordance with paragraph 3 of this article shall be forwarded to the Parties for acceptance.

text: Any amendment adopted in accordance with paragraph 3 of this article shall enter into force on the first day of the month following the expiration of a period of one month after the date on which all Parties have informed the Secretary General that they have accepted it.

text: Article 44 – Amendments

text: Chapter XIII – Final clauses

text: This Convention shall be open for signature by the member States of the Council of Europe, the non-member States which have participated in its elaboration as well as the European Community.

text: This Convention is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

text: This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which 5 signatories, including at least 3 member States of the Council of Europe, have expressed their consent to be bound by the Convention in accordance with the provisions of the preceding paragraph.

text: In respect of any State referred to in paragraph 1 or the European Community, which subsequently expresses its consent to be bound by it, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of its instrument of ratification, acceptance or approval.

text: Article 45 – Signature and entry into force

text: After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may, after consultation of the Parties to this Convention and obtaining their unanimous consent, invite any non-member State of the Council of Europe, which has not participated in the elaboration of the Convention, to accede to this Convention by a decision taken by the majority provided for in

text: Article 20

text: .d of the Statute of the Council of Europe, and by unanimous vote of the representatives of the Contracting States entitled to sit on the Committee of Ministers.

text: In respect of any acceding State, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe.

text: Article 46 – Accession to the Convention

text: Any State or the European Community may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Convention shall apply.

text: Any Party may, at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings. In respect of such territory, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General.

text: Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General of the Council of Europe. The withdrawal shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General.

text: Article 47 – Territorial application

text: No reservation may be made in respect of any provision of this Convention, with the exception of the reservations expressly established. Any reservation may be withdrawn at any time.

text: Article 48 – Reservations

text: Any Party may, at any time, denounce this Convention by means of a notification addressed to the Secretary General of the Council of Europe.

text: Such denunciation shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General.

text: Article 49 – Denunciation

text: The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, any State signatory, any State Party, the European Community, any State invited to sign this Convention in accordance with the provisions of

text: Article 45

text: and any State invited to accede to this Convention in accordance with the provisions of

text: Article 46

text: of:

text: any signature;

text: the deposit of any instrument of ratification, acceptance, approval or accession;

text: Articles 45

text: and 46;

text: any amendment adopted in accordance with

text: Article 44

text: and the date on which such an amendment enters into force;

text: any reservation made under

text: Article 48

text: any denunciation made in pursuance of the provisions of

text: Article 49

text: Done at Lanzarote, this 25th day of October 2007, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to the non-member States which have participated in the elaboration of this Convention, to the European Community and to any State invited to accede to this Convention.

text: Article 50 – Notification


identifier: CETS No. 202

reference: CETS No. 202

title: European Convention on the Adoption of Children (Revised)

text: Council of Europe Treaty Series - No. 202

text: European Convention on the Adoption of Children (Revised)

text: Strasbourg, 27.XI.2008

text: Preamble

text: The member States of the Council of Europe and the other signatories hereto,

text: Considering that the aim of the Council of Europe is to achieve a greater unity between its members for the purpose of safeguarding and realising the ideals and principles which are their common heritage;

text: Considering that, although the institution of the adoption of children exists in the law of all member States of the Council of Europe, differing views as to the principles which should govern adoption and differences in adoption procedures and in the legal consequences of adoption remain in these countries;

text: Taking into account the United Nations

text: Convention on the Rights of the Child

text: , of 20 November 1989, and in particular its

text: Article 21

text: Taking into account The Hague Convention of 29 May 1993 on Protection of Children and Cooperation in respect of Intercountry Adoption;

text: Noting the content of Recommendation 1443 (2000) of the Parliamentary Assembly of the Council of Europe on "International adoption: respecting children’s rights", and the Council of Europe’s White Paper on principles concerning the establishment and legal consequences of parentage;

text: Recognising that some of the provisions of the 1967 European Convention on the Adoption of Children (ETS No. 58) are outdated and contrary to the case-law of the European Court of Human Rights;

text: Recognising that the involvement of children in family proceedings affecting them has been improved by the European Convention of 25 January 1996 on the Exercise of Children’s Rights (ETS No. 160) and by the case-law of the European Court of Human Rights;

text: Considering that the acceptance of common revised principles and practices with respect to the adoption of children, taking into account the relevant developments in this area during the last decades, would help to reduce the difficulties caused by the differences in national laws and at the same time promote the interests of children who are adopted;

text: Being convinced of the need for a revised Council of Europe international instrument on adoption of children providing an effective complement in particular to the 1993 Hague Convention;

text: Recognising that the best interests of the child shall be of paramount consideration,

text: CETS 202 – Adoption of Children (Revised Convention), 27.XI.2008 __________________________________________________________________________________

text: Have agreed as follows:

text: Part I – Scope of the Convention and application of its principles

text: This Convention applies to the adoption of a child who, at the time when the adopter applies to adopt him or her, has not attained the age of 18, is not and has not been married, is not in and has not entered into a registered partnership and has not reached majority. 2 This Convention covers only legal institutions of adoption which create a permanent child parent relationship.

text: Article 1 – Scope of the Convention

text: Each State Party shall adopt such legislative or other measures as may be necessary to ensure the conformity of its law with the provisions of this Convention and shall notify the Secretary General of the Council of Europe of the measures taken for that purpose.

text: Article 2 – Application of principles

text: Part II – General principles

text: An adoption shall be valid only if it is granted by a court or an administrative authority (hereinafter the “competent authority”).

text: Article 3 – Validity of an adoption

text: The competent authority shall not grant an adoption unless it is satisfied that the adoption will be in the best interests of the child. 2 In each case the competent authority shall pay particular attention to the importance of the adoption providing the child with a stable and harmonious home.

text: Article 4 – Granting of an adoption

text: Subject to paragraphs 2 to 5 of this article, an adoption shall not be granted unless at least the following consents to the adoption have been given and not withdrawn: a the consent of the mother and the father; or if there is neither father nor mother to consent, the consent of any person or body who is entitled to consent in their place; b the consent of the child considered by law as having sufficient understanding; a child shall be considered as having sufficient understanding on attaining an age which shall be prescribed by law and shall not be more than 14 years; c the consent of the spouse or registered partner of the adopter. 2 The persons whose consent is required for adoption must have been counselled as may be necessary and duly informed of the effects of their consent, in particular whether or not an adoption will result in the termination of the legal relationship between the child and his or her family of origin. The consent must have been given freely, in the required legal form, and expressed or evidenced in writing.

text: The competent authority shall not dispense with the consent or overrule the refusal to consent of any person or body mentioned in paragraph 1 save on exceptional grounds determined by law. However, the consent of a child who suffers from a disability preventing the expression of a valid consent may be dispensed with. 4 If the father or mother is not a holder of parental responsibility in respect of the child, or at least of the right to consent to an adoption, the law may provide that it shall not be necessary to obtain his or her consent. 5 A mother’s consent to the adoption of her child shall be valid when it is given at such time after the birth of the child, not being less than six weeks, as may be prescribed by law, or, if no such time has been prescribed, at such time as, in the opinion of the competent authority, will have enabled her to recover sufficiently from the effects of giving birth to the child. 6 For the purposes of this Convention “father” and “mother” mean the persons who according to law are the parents of the child.

text: Article 5 – Consents to an adoption

text: If the child’s consent is not necessary according to

text: Article 5

text: , paragraphs 1 and 3, he or she shall, as far as possible, be consulted and his or her views and wishes shall be taken into account having regard to his or her degree of maturity. Such consultation may be dispensed with if it would be manifestly contrary to the child’s best interests.

text: Article 6 – Consultation of the child

text: The law shall permit a child to be adopted: a by two persons of different sex i who are married to each other, or ii where such an institution exists, have entered into a registered partnership together; b by one person. 2 States are free to extend the scope of this Convention to same sex couples who are married to each other or who have entered into a registered partnership together. They are also free to extend the scope of this Convention to different sex couples and same sex couples who are living together in a stable relationship.

text: Article 7 – Conditions for adoption

text: The law shall not permit an adopted child to be adopted on a subsequent occasion save in one or more of the following circumstances: a where the child is adopted by the spouse or registered partner of the adopter; b where the former adopter has died; c where the adoption has been annulled; d where the former adoption has come or thereby comes to an end; e where the subsequent adoption is justified on serious grounds and the former adoption cannot in law be brought to an end.

text: Article 8 – Possibility of a subsequent adoption

text: A child may be adopted only if the adopter has attained the minimum age prescribed by law for this purpose, this minimum age being neither less than 18 nor more than 30 years. There shall be an appropriate age difference between the adopter and the child, having regard to the best interests of the child, preferably a difference of at least 16 years.

text: when the adopter is the spouse or registered partner of the child’s father or mother; or b by reason of exceptional circumstances.

text: The law may, however, permit the requirement as to the minimum age or the age difference to be waived in the best interests of the child:

text: Article 9 – Minimum age of the adopter

text: The competent authority shall not grant an adoption until appropriate enquiries have been made concerning the adopter, the child and his or her family. During such enquiries and thereafter, data may only be collected, processed and communicated according to the rules relating to professional confidentiality and personal data protection.

text: the personality, health and social environment of the adopter, particulars of his or her home and household and his or her ability to bring up the child;

text: why the adopter wishes to adopt the child;

text: where only one of two spouses or registered partners applies to adopt the child, why the other does not join in the application;

ordinal: d

text: the mutual suitability of the child and the adopter, and the length of time that the child has been in his or her care;

ordinal: e

text: the personality, health and social environment of the child and, subject to any limitations imposed by law, his or her background and civil status;

ordinal: f

text: the ethnic, religious and cultural background of the adopter and of the child.

text: The enquiries, to the extent appropriate in each case, shall concern, as far as possible and inter alia, the following matters:

text: These enquiries shall be entrusted to a person or body recognised for that purpose by law or by a competent authority. They shall, as far as practicable, be made by social workers who are qualified in this field as a result of either their training or their experience.

text: The provisions of this article shall not affect the power or duty of the competent authority to obtain any information or evidence, whether or not within the scope of these enquiries, which it considers likely to be of assistance.

text: Enquiries relating to the suitability to adopt and the eligibility of the adopter, the circumstances and the motives of the persons concerned and the appropriateness of the placement of the child shall be made before the child is entrusted with a view to adoption to the care of the prospective adopter.

text: Article 10 – Preliminary enquiries

text: Upon adoption a child shall become a full member of the family of the adopter(s) and shall have in regard to the adopter(s) and his, her or their family the same rights and obligations as a child of the adopter(s) whose parentage is legally established. The adopter(s) shall have parental responsibility for the child. The adoption shall terminate the legal relationship between the child and his or her father, mother and family of origin.

text: Nevertheless, the spouse or partner, whether registered or not, of the adopter shall retain his or her rights and obligations in respect of the adopted child if the latter is his or her child, unless the law otherwise provides.

text: As regards the termination of the legal relationship between the child and his or her family of origin, States Parties may make exceptions in respect of matters such as the surname of the child and impediments to marriage or to entering into a registered partnership.

text: States Parties may make provision for other forms of adoption having more limited effects than those stated in the preceding paragraphs of this article.

text: Article 11 – Effects of an adoption

text: States Parties shall facilitate the acquisition of their nationality by a child adopted by one of their nationals.

text: Loss of nationality which could result from an adoption shall be conditional upon possession or acquisition of another nationality.

text: Article 12 – Nationality of the adopted child

text: The number of children who may be adopted by the same adopter shall not be restricted by law.

text: A person who has or is able to have a child shall not on that account be prohibited by law from adopting a child.

text: Article 13 – Prohibition of restrictions

text: An adoption may be revoked or annulled only by decision of the competent authority. The best interests of the child shall always be the paramount consideration.

text: An adoption may be revoked only on serious grounds permitted by law before the child reaches the age of majority.

text: An application for annulment must be made within a period prescribed by law.

text: Article 14 – Revocation and annulment of an adoption

text: When the enquiries made pursuant to

text: Articles 4

text: and 10 of this Convention relate to a person who lives or has lived in the territory of another State Party, that State Party shall, if a request for information is made, promptly endeavour to secure that the information requested is provided. Each State shall designate a national authority to which a request for information shall be addressed.

text: Article 15 – Request for information from another State Party

text: In the case of pending proceedings for the establishment of paternity, or, where such a procedure exists, for the establishment of maternity, instituted by the putative biological father or mother, adoption proceedings shall, where appropriate, be suspended to await the results of the parentage proceedings. The competent authorities shall act expeditiously in such parentage proceedings.

text: Article 16 – Proceedings to establish parentage

text: No one shall derive any improper financial or other gain from an activity relating to the adoption of a child.

text: Article 17 – Prohibition of improper gain

text: States Parties shall retain the option of adopting provisions more favourable to the adopted child.

text: Article 18 – More favourable conditions

text: States Parties are free to require that the child has been in the care of the adopter before adoption is granted for a period long enough to enable a reasonable estimate to be made by the competent authority as to their future relations if the adoption were granted. In this context the best interests of the child shall be the paramount consideration.

text: Article 19 – Probationary period

text: The public authorities shall ensure the promotion and proper functioning of adoption counselling and post-adoption services to provide help and advice to prospective adopters, adopters and adopted children.

text: Article 20 – Counselling and post-adoption services

text: States Parties shall ensure that social workers dealing with adoption are appropriately trained in the social and legal aspects of adoption.

text: Article 21 – Training

text: Provision may be made to enable an adoption to be completed without disclosing the identity of the adopter to the child’s family of origin.

text: Provision shall be made to require or permit adoption proceedings to take place in camera.

text: The adopted child shall have access to information held by the competent authorities concerning his or her origins. Where his or her parents of origin have a legal right not to disclose their identity, it shall remain open to the competent authority, to the extent permitted by law, to determine whether to override that right and disclose identifying information, having regard to the circumstances and to the respective rights of the child and his or her parents of origin. Appropriate guidance may be given to an adopted child not having reached the age of majority.

text: The adopter and the adopted child shall be able to obtain a document which contains extracts from the public records attesting the date and place of birth of the adopted child, but not expressly revealing the fact of adoption or the identity of his or her parents of origin. States Parties may choose not to apply this provision to the other forms of adoption mentioned in

text: Article 11

text: , paragraph 4, of this Convention.

text: Having regard to a person’s right to know about his or her identity and origin, relevant information regarding an adoption shall be collected and retained for at least 50 years after the adoption becomes final.

text: Public records shall be kept and, in any event, their contents reproduced in such a way as to prevent persons who do not have a legitimate interest from learning whether a person was adopted or not, and if this information is disclosed, the identity of his or her parents of origin.

text: Article 22 – Access to and disclosure of information

text: Part III – Final clauses

text: This Convention shall replace, as regards its States Parties, the European Convention on the Adoption of Children, which was open for signature on 24 April 1967.

text: In relations between a Party to the present Convention and a Party to the 1967 Convention which has not ratified the present Convention,

text: Article 14

text: of the 1967 Convention shall continue to apply.

text: Article 23 – Effects of the Convention

text: This Convention shall be open for signature by the member States of the Council of Europe and the non-member States which have participated in its elaboration.

text: The Convention is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

text: This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which three signatories have expressed their consent to be bound by the Convention in accordance with the provisions of paragraph 2 of this article.

text: In respect of any State mentioned in paragraph 1, which subsequently expresses its consent to be bound by it, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of its instrument of ratification, acceptance or approval.

text: Article 24 – Signature, ratification and entry into force

text: After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may, after consultation of the Parties, invite any State not a member of the Council of Europe and not having participated in its elaboration to accede to this Convention by a decision taken by the majority provided for in

text: Article 20

text: .d of the Statute of the Council of Europe, and by unanimous vote of the representatives of the States Parties entitled to sit on the Committee of Ministers.

text: Article 25 – Accession

text: Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Convention shall apply.

text: Any State Party may, at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings. In respect of such territory, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General.

text: Article 26 – Territorial application

text: No reservations may be made to this Convention except in respect of the provisions of

text: Article 5

text: , paragraph 1.b,

text: Article 7

text: , paragraphs 1.a.ii and 1.b, and

text: Article 22

text: , paragraph 3.

text: Any reservation made by a State in pursuance of paragraph 1 shall be formulated at the time of signature or upon the deposit of its instrument of ratification, acceptance, approval or accession.

text: Any State may wholly or partly withdraw a reservation it has made in accordance with paragraph 1 by means of a declaration addressed to the Secretary General of the Council of Europe which shall become effective as from the date of its receipt.

text: Article 27 – Reservations

text: Each State Party shall notify the Secretary General of the Council of Europe of the name and address of the authority to which requests under

text: Article 15

text: may be addressed.

text: Article 28 – Notification of competent authorities

text: Any State Party may, at any time, denounce this Convention by means of a notification addressed to the Secretary General of the Council of Europe.

text: Article 29 – Denunciation

text: The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, the non member States which have participated in the elaboration of this Convention, any State Party and any State which has been invited to accede to this Convention, of:

text: any signature;

text: any deposit of an instrument of ratification, acceptance, approval or accession;

text: any date of entry into force of this Convention in accordance with

text: Article 24

text: thereof;

text: any notification received in pursuance of the provisions of

text: Article 2

text: any declaration received in pursuance of the provisions of paragraph 2 of

text: Article 7

text: and paragraphs 2 and 3 of

text: Article 26

text: any reservation and withdrawal of reservations made in pursuance of the provisions of

text: Article 27

text: Article 28

text: Article 29

text: and the date on which denunciation takes effect;

text: any other act, notification or communication relating to this Convention.

text: In witness whereof, the undersigned, being duly authorised thereto, have signed this Convention.

text: Done at Strasbourg, this 27th day of November 2008, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to the non-member States which have participated in the elaboration of the Convention and to any State invited to accede to this Convention.

text: Article 30 – Notifications