escence,” notwithstanding the right to freedom of thought and expression (article 13(4). The ACHR stipulates that provision must be made for the protection of children “solely on the basis of their own best interests” when a marriage is dissolved and that equal rights must be recognized by law for children born in and out of wedlock (article 17(4) & (5)). Everyone also has the right to a given name and to the surnames of one or both parents (article 18). The ACHR has a separate provision on the rights of the child: “[e]very minor child has the right to the measures of protection required by his condition as a minor on the part of his family, society, and the state (article 19).” This article is listed among those that may not be suspended in time of war, public danger, or other emergency (article 27(2)).
Convention on the Elimination of all Forms of Discrimination against Women 1979
The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) has been described as an international bill of rights for women. It defines what constitutes discrimination against women and establishes an agenda for States Parties to act to end it. The Preamble, in invoking the Universal Declaration of Human Rights, notes its affirmation of the principle of the inadmissibility of discrimination and its proclamation “that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, including distinction based on sex.” This kind of statement forms the backdrop for certain rights set forth in CEDAW, even though girls specifically are mentioned only once: the obligation of States Parties to ensure the reduction of female student drop-out rates and the organization of programs for girls and women who have left school prematurely (article 10, in part). States Parties are also to take appropriate steps “to modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women” (article 5(a)). CEDAW refers to the interests of children being paramount in relation to the common responsibility of men and women for their children’s upbringing and development (article 5(b)) as well as in regard to States Parties’ ensuring the same rights and responsibilities between men and women as parents in matters relating to their children and in matters of guardianship, wardship, trusteeship, and adoption of children (article 16 (1)(d) and (f)). CEDAW also proscribes betrothal and marriage of children and calls for action to specify a minimum age for marriage and to make marriage registration compulsory (article 16(2)).
V. Child Protection and Placement Agreements
Hague Convention on Jurisdiction, etc., for the Protection of Children 1996
The Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (1996 Convention) covers a wide range of civil child protection measures, “from orders concerning parental responsibility and contact to public measures of protection or care, and from matters of representation to the protection of children’s property.” The Preamble confirms “that the best interests of the child are to be a primary consideration.” Article 2 stipulates that the Convention is applicable “to children from the moment of their birth until they reach the age of 18 years.” The 1996 Convention provides a structure to resolve disputes over contact and custody issues when parents are separated and living in different countries and has uniform rules to determine which country’s authorities are competent to take the necessary protection measures. Provisions on recognition and enforcement ensure that primacy be given to decisions taken by the authorities of the country where the child has his or her 