Page 115 - ตราสารระหว่างประเทศด้านสิทธิมนุษยชนที่ไทยเป็นภาคี : จากเว็บไซต์กระทรวงการต่างประเทศ
P. 115

Article 7


                          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.


                                                         Article 8


                          1. States Parties undertake to respect the right of the child to preserve his or her identity, including
                   nationality, name and family relations as recognized 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 speedily re-establishing his or her

                   identity.


                                                         Article 9

                          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 information would be detrimental
   110   111   112   113   114   115   116   117   118   119   120