Chapter I - Scope and object of the Convention and definitions

Article 1 - Scope and object of the Convention

This Convention shall apply to children who have not reached the age of 18 years.

The object of the present Convention is, in the best interests of children, to promote their rights, to grant them procedural rights and to facilitate the exercise of these rights by ensuring that children are, themselves or through other persons or bodies, informed and allowed to participate in proceedings affecting them before a judicial authority.

For the purposes of this Convention proceedings before a judicial authority affecting children are family proceedings, in particular those involving the exercise of parental responsibilities such as residence and access to children.

Every State shall, 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, specify at least three categories of family cases before a judicial authority to which this Convention is to apply.

Any Party may, by further declaration, specify additional categories of family cases to which this Convention is to apply or provide information concerning the application of Article 5, paragraph 2 of Article 9, paragraph 2 of Article 10 and Article 11.

Nothing in this Convention shall prevent Parties from applying rules more favourable to the promotion and the exercise of children's rights.

Article 2 - Definitions

For the purposes of this Convention:

the term judicial authority means a court or an administrative authority having equivalent powers;

the term holders of parental responsibilities means parents and other persons or bodies entitled to exercise some or all parental responsibilities;

the term representative means a person, such as a lawyer, or a body appointed to act before a judicial authority on behalf of a child;

the term relevant information means information which is appropriate to the age and understanding of the child, and which will be given to enable the child to exercise his or her rights fully unless the provision of such information were contrary to the welfare of the child.


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