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Birleşmiş Milletler Çocuk Hakları Sözleşmesi - Son Eklenen Şerhler

Birleşmiş Milletler Çocuk Hakları Sözleşmesi - Son Eklenen Şerhler

1- States Parties shall respect the right of the child to freedom of thought, conscience and religion. 2- States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child. 3- Freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others.
(Şerh No: 620 - Çeviren: Av.Elvan AKKAYA - Tarih : 09-11-2009 16:43)

1- The child shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child’s choice. 2- The exercise of this right may be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: a) For respect of the rights or reputations of others; or b) For the protection of national security or of public order (ordre public), or of public health or morals.
(Şerh No: 619 - Çeviren: Av.Elvan AKKAYA - Tarih : 09-11-2009 16:42)

1- States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child. 2- For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.
(Şerh No: 618 - Çeviren: Av.Elvan AKKAYA - Tarih : 09-11-2009 16:41)

1- States Parties shall take measures to combat the illicit transfer and non-return of children abroad. 2- To this end, States Parties shall promote the conclusion of bilateral or multilateral agreements or accession to existing agreements.
(Şerh No: 617 - Çeviren: Av.Elvan AKKAYA - Tarih : 09-11-2009 16:40)

1- In accordance with the obligation of States Parties under article 9, paragraph 1, applications by a child or his or her parents to enter or leave a State Party for the purpose of family reunification shall be dealt with by States Parties in a positive, humane and expeditious manner. States Parties shall further ensure that the submission of such a request shall entail no adverse consequences for the applicants and for the members of their family. 2- A child whose parents reside in different States shall have the right to maintain on a regular basis, save in exceptional circumstances personal relations and direct contacts with both parents. Towards that end and in accordance with the obligation of States Parties under article 9, paragraph 1, States Parties shall respect the right of the child and his or her parents to leave any country, including their own and to enter their own country. The right to leave any country shall be subject only to such restrictions as are prescribed by law and which are necessary to protect the national security, public order (ordre public), public health or morals or the rights and freedoms of others and are consistent with the other rights recognised in the present Convention.
(Şerh No: 616 - Çeviren: Av.Elvan AKKAYA - Tarih : 09-11-2009 16:35)

1- States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. Such determination may be necessary in a particular case such as one involving abuse or neglect of the child by the parents, or one where the parents are living separately and a decision must be made as to the child’s place of residence. 2- In any proceedings pursuant to paragraph 1 of the present article, all interested parties shall be given an opportunity to participate in the proceedings and make their views known. 3- States Parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child’s best interests. 4- Where such separation results from any action initiated by a State Party, such as the detention, imprisonment, exile, deportation or death (including death arising from any cause while the person is in the custody of the State) of one or both parents or of the child, that State Party shall, upon request, provide the parents, the child or, if appropriate, another member of the family with the essential information concerning the whereabouts of the absent member(s) of the family unless the provision of the informatio...
(Şerh No: 615 - Çeviren: Av.Elvan AKKAYA - Tarih : 09-11-2009 16:34)

1- States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognised by law without unlawful interference. 2- Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties shall provide appropriate assistance and protection, with a view to re-establishing speedily his or her identity.
(Şerh No: 614 - Çeviren: Av.Elvan AKKAYA - Tarih : 09-11-2009 16:33)

1- The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and. as far as possible, the right to know and be cared for by his or her parents. 2- States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless.
(Şerh No: 613 - Çeviren: Av.Elvan AKKAYA - Tarih : 09-11-2009 16:32)

1- States Parties recognize that every child has the inherent right to life. 2- States Parties shall ensure to the maximum extent possible the survival and development of the child.
(Şerh No: 612 - Çeviren: Av.Elvan AKKAYA - Tarih : 09-11-2009 16:31)

States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognised in the present Convention.
(Şerh No: 609 - Çeviren: Av.Elvan AKKAYA - Tarih : 09-11-2009 11:50)

States Parties shall undertake all appropriate legislative, administrative and other measures for the implementation of the rights recognised in the present Convention. With regard to economic, social and cultural rights, States Parties shall undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international co-operation.
(Şerh No: 608 - Çeviren: Av.Elvan AKKAYA - Tarih : 09-11-2009 11:49)

1- In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration. 2- States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures. 3- States Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff, as well as competent supervision.
(Şerh No: 607 - Çeviren: Av.Elvan AKKAYA - Tarih : 09-11-2009 11:48)

1- States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child’s or his or her parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. 2- States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child’s parents, legal guardians, or family members.
(Şerh No: 606 - Çeviren: Av.Elvan AKKAYA - Tarih : 09-11-2009 11:47)

 
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