By Ziemele, I.
This quantity constitutes a observation on Article 7 of the United international locations conference at the Rights of the kid. it's a part of the sequence, "A remark at the United international locations conference at the Rights of the Child", which gives a piece of writing by means of article research of all considerable, organizational and procedural provisions of the CRC and its non-compulsory Protocols. for each article, a comparability with comparable human rights provisions is made, by means of an in-depth exploration of the character and scope of country tasks deriving from that article. The sequence constitutes an important software for actors within the box of kid's rights, together with teachers, scholars, judges, grassroots staff, governmental, non- governmental and overseas officials. The sequence is backed by means of the Belgian Federal technological know-how coverage place of work.
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Additional info for A Commentary on the United Nations Convention on the Rights of the Child, Article 7: The Right to Birth Registration, Name and Nationality, and the Right to Know and Be Cared for by Parents (v. 7)
81 M. c. (note 39), p. M. c. (note 80), p. 11. Cf. 2. 82 CRC Committee, Concluding Observations: Estonia (UN Doc. 196, 2003), para. 28. 83 CRC Committee, Concluding Observations: Myanmar (UN Doc. 69, 1997), para. 14. 26 CHAPTER THREE 4. ‘[T]he Right to Know and Be Cared for by His or Her Parents’ 51. The questions may arise in the framework of adoption procedures where it is common, when a child is adopted, not to disclose the names of the biological parent(s). 84 52. 86 The wording of Article 7 of the CRC is not very explicit in this respect.
Often children spend years in orphanages while lengthy adoption proceedings take place. Situations where a child is placed in temporary care at a young age and the adoption is finally completed nine or ten years later, are an example of extreme cases that are in clear violation of Article 7 of the CRC. In any event, domestic laws and procedures as well as inter-state agreements should design such a system that permits to respect the interest of the child above all to be cared by its parents. 91 It is true that this implies considerable financial burden on the State.
199–226. 60 It was admitted in the Explanatory Report to the ECN that the attribution of nationality on the basis of certain criteria fixed by States may result in preferential treatment. The ILC has taken a similar view. c. (note 40), para. htm. The Inter-American Court of Human Rights held that, because a State offers the possibility to acquire nationality to persons who were initially aliens, it is that State which is best able to determine conditions for such a conferral. The Court supported its argument by referring to the judgment of the ICJ in Nottebohm.
A Commentary on the United Nations Convention on the Rights of the Child, Article 7: The Right to Birth Registration, Name and Nationality, and the Right to Know and Be Cared for by Parents (v. 7) by Ziemele, I.