Page 116 - ตราสารระหว่างประเทศด้านสิทธิมนุษยชนที่ไทยเป็นภาคี : จากเว็บไซต์กระทรวงการต่างประเทศ

to the well-being of the child. States Parties shall further ensure that the submission of such a request shall of
itself entail no adverse consequences for the person(s) concerned.

Article 10

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 2, 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 recognized in the present Convention.

Article 11

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.

Article 12

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.