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The Scope of Article 9 of the Crc

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Chapter Summary

Non-separation of parents and children is the starting point of Article 9 and a principle that States Parties have to uphold. Despite this starting point most of the Article is not about non-separation but about conditions under which a separation can be justifiable, some rules of procedure and provisions meant to maintain the contact between a child and her/his parent(s) in case of separation. This chapter uses various aspects of Article 9 to structure the observations and comments concerning the content of this Article. Paragraph 1 of Article 9 makes an exception to right of the child not to be separated from her/his parent under certain conditions and gives some examples of situations in which a separation may be necessary in the best interest of the child. The conditions are: necessary for the best interest of the child, competent authority and subject to judicial review, and participation in the proceedings.

Keywords: Article 9; judicial review; State Parties



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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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