uards to avoid abuses such as trafficking in children; and to secure recognition in States Parties of adoptions made in accordance with the Convention (article 1). The underlying principle of the 1993 Convention is that “although it is difficult to define the best interests of the child, the child’s interests should always take priority over those of the prospective adopters,” but the application of this principle has proved problematic. The 1993 Convention asserts that authorities must ensure, taking into account the age and degree of maturity of the child, that he or she has been counseled and informed of the effects of the adoption and of his or her consent to the adoption, where such consent is required; that consideration has been given to the child’s wishes and opinions; that the child’s consent to the adoption has been given freely, in the required legal form, and in writing; and that consent has not been induced by payment or compensation of any kind (article 4(d)). Information on the child’s origin, in particular the identity of the parents as well as the medical history, should be preserved, but access by the child to that information is permitted only insofar as it is allowed by the law of the State where it is held (article 30). Personal data gathered or transmitted under the 1993 Convention’s provisions is to be used “only for the purposes for which they were gathered or transmitted,” without prejudice to article 30 (article 31).
Hague Convention on the Civil Aspects of International Child Abduction 1980
The Hague Convention on the Civil Aspects of International Child Abduction (1980 Convention) governs issues related to parental kidnapping or the removal of children under the age of sixteen across international borders and involving the jurisdiction of different countries’ courts. Its stated objectives are to secure the prompt return of children wrongfully removed to or retained in any contracting state and to ensure that the rights of custody and of access under the law of one contracting state are effectively respected in the other contracting states (article 1). Removal or retention of a child is deemed wrongful if: a) it is in breach of custody rights attributed to a person, an institution, or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and b) at the time of removal or retention those rights were exercised, or would have been but for the removal or retention (article 3, paragraph 1).
The European Convention Concerning the Custody of Children 1980
The European Convention on the Recognition and Enforcement of Decisions Concerning the Custody of Children (the Luxembourg Convention) seeks to protect the rights of custody and access to children in the international context. It calls upon the central authorities designated by States Parties to provide “free, prompt, non-bureaucratic assistance” in determining the whereabouts and restoring custody of an improperly removed child.They must also avoid prejudice to the interests of the child or of the applicant in restoring child custody, among other requirements. Like the 1980 Convention, the Luxembourg Convention defines a child as being under the age of sixteen (article 1(a)). Also, under both instruments, the right of action lies with the custody holder. The Luxembourg Convention uses the term “improper removal” to refer to “the removal of a child across an international frontier in breach of a decision relating to his custody” given in a State Party and enforceable in that State (article 1(d)), in contrast to the 1980 Convention’s term “wrongful removal or retention” of a child and the CRC’s term “the illicit transfer and non-return of children abroad” (article 11).
Worst Forms of Child Labour Convention 1999
The Worst Forms of Child Labour Convention (WFCLC) refers in the Preamble to the need to adopt new instruments for the prohibition and elimination of the worst forms of child labour, “to complement the Convention and the Recommendation Concerni