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The Scope of Article 8

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Chapter Summary

The core meaning of Article 8 is to create a legal basis for the obligation of States Parties to prevent disappearances of children, particularly in politically oppressive situations, and to provide assistance and protection in case such a disappearance occurs with a view to return the child to her/his parents/family. This return should, as far as necessary, come with re-establishing for the child her/his original nationality, name and family relations. It may be said that the drafters of the Convention have based obligation of a State Party to prevent, combat and remedy disappearances of children on respect for the right of the child to preserve her/his identity. Article 8 of CRC limits itself to a non-exhaustive list of elements of child's identity. But States Parties to the Convention could and should inform parents about the importance of openness, both in case of adoption and in case of medically assisted procreation.

Keywords: adoption; Article 8; child's identity; CRC; medically assisted procreation



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    A Commentary on the United Nations Convention on the Rights of the Child, Articles 8-9: The Right to Preservation of Identity and The Right Not to Be Separated from His or Her Parents — Recommend this title to your library
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