II SÉRIE-A — NÚMERO 175

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Convinced that the rights and best interests of children should be promoted and to that end children should

have the opportunity to exercise their rights, in particular in family proceedings affecting them;

Recognising that children should be provided with relevant information to enable such rights and best interests

to be promoted and that due weight should be given to the views of children;

Recognising the importance of the parental role in protecting and promoting the rights and best interests of

children and considering that, where necessary, States should also engage in such protection and promotion;

Considering, however, that in the event of conflict it is desirable for families to try to reach agreement before

bringing the matter before a judicial authority,

Have agreed as follows:

Chapter I – Scope and object of the Convention and definitions

Article 1 – Scope and object of the Convention

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

2 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.

3 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.

4 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.

5 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.

6 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:

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

b the term “holders of parental responsibilities” means parents and other persons or bodies entitled to

exercise some or all parental responsibilities;

c 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;

d 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.

Chapter II – Procedural measures to promote the exercise of children's rights

A. Procedural rights of a child

Article 3 – Right to be informed and to express his or her views in proceedings

A child considered by internal law as having sufficient understanding, in the case of proceedings before a

judicial authority affecting him or her, shall be granted, and shall be entitled to request, the following rights: