The member States of the Council of Europe, signatory hereto,
Considering that their close unity is manifested particularly in increased movements of
Considering that although this generally has beneficial consequences, certain problems are
nevertheless involved, in particular
when a minor is in the territory of a State against
the will of those responsible for protecting his interests or when his presence
territory of a State is incompatible either with his own interests or those of that State;
Convinced of the necessity for mutual co-operation to enable such minors to be
compulsorily transferred from one State to another,
Have agreed as follows:
Section I General information
For the purposes of this Convention:
- the term "minor" shall mean any person not having attained his majority under
the law applicable according to the
rules of private international law of the requesting
State and who under this same law has not the right himself to determine
his own place of
- the term "parental authority" shall mean the authority devolving upon natural
or legal persons under the law or by
a legal or administrative decision, to determine a
minor's place of residence;
- the term "repatriation" shall mean the transfer, in implementation of this
Convention, of a minor from one Contracting
State to another Contracting State, whether or
not the latter is the State of which he is a national.
- This Convention shall apply to minors in the territory of a Contracting State whose
repatriation is requested by another Contracting
State for one of the following reasons:
- the presence of the minor in the territory of the requested State is against the will of
the person or persons having parental
authority in respect of him;
- the presence of the minor in the territory of the requested State is incompatible with a
measure of protection or re-education
taken in respect of him by the competent authorities
of the requesting State;
- the presence of the minor is necessary in the territory of the requesting State because
of the institution of proceedings there
with a view to taking measures of protection and
re-education in respect of him.
- This Convention shall also apply to the repatriation of minors whose presence in its
territory a Contracting State deems to be
incompatible with its own interests or with the
interests of the minors concerned, provided that its legislation authorises removal
minor from its territory.
Each Contracting State shall designate a central authority to formulate, issue and
receive requests for repatriation and notify
the Secretary General of the Council of
Europe of the authority so designated.
Section II Repatriation of a minor on the request of a state
other than the state of sojourn
- Applications for the repatriation of a minor for one of the reasons set out in Article
2, paragraph 1, shall be addressed to the
central authority of the State to which the
minor is to be repatriated.
- If the competent authorities of that State consider that the application is well founded
and reasonable, the central authority
shall issue a request for repatriation to the
central authority of the State of sojourn of the minor.
- No decision shall be taken concerning a request for repatriation until the minor, if his
capacity for discernment allows, has
been heard in person by a competent authority in the
- The said authority shall also endeavour to obtain the views of those persons having an
interest in the decision, in particular,
those having parental authority or those who, in
the territory of the requested State, have de facto custody of the minor. This
ascertainment of views shall not take place in so far as it is likely to prejudice the
of the minor by reason of the delay which it may cause.
The requested State shall grant any request for repatriation which is in conformity
with the provisions of the present Convention
and grounded on Article 2, paragraph 1,
unless it exercises its right to refuse a request in accordance with Articles 7 and 8.
A request may be refused:
- if the minor, according to the law applicable under the rules of private international
law of the requested State, has the right
himself to determine his place of residence, or
if such a right follows from the national law of the requested State;
- if it is grounded on Article 2, paragraph 1.a and is designed to submit the minor to the
authority of a person or persons who
do not have parental authority according to the law
applicable under the rules of private international law of the requested
State or do not
have parental authority under the national law of the requested State;
- if the requested State considers that the requesting State is not competent to take the
measures referred to in Article 2, paragraph
1.b and c;
- if the requested State considers that the repatriation of the minor would be contrary to
- if the minor is a national of the requested State;
- if the minor in question is a national of a State which is not a Party to the
Convention, and whose repatriation would not be
compatible with the obligations existing
between that State and the requested State.
The requested State may, moreover, having regard to all the aspects of the case, refuse
- if, being present in the territory of the requested State, the person or persons having
parental authority or those having care
of the minor, oppose repatriation;
- if the repatriation is considered by the requested State to be contrary to the interests
of the minor, in particular when he
has effective family or social ties in that State or
when repatriation is incompatible with a measure of protection or re-education
the said State.
The decision of the requested State on the request may be postponed:
- if the parental authority upon which the request is based is contested on serious
- if it considers it necessary to prosecute the minor for an offence or to require him to
submit to a penal sanction involving
deprivation of liberty.
If the request is granted the competent authorities in the requesting State and the
requested State shall agree as promptly as possible
on the repatriation procedure.
The requested State may take such provisional measures as seem necessary for the
purpose of repatriation, in particular placing
the minor in a home for juveniles. It may
at any time terminate these measures which shall, in any case, be terminated after the
expiration of a period of 30 days if the request has not been granted. The measures in
question are governed by the domestic
law of the requested State.
In urgent cases, the central authority in the requesting State may ask that the
provisional measures mentioned in Article 11 be
taken before the requested State has
received the request for repatriation. Such measures shall cease if the request for
has not been received within ten days.
- No prosecution may be initiated or continued in the requesting State against a person
repatriated in accordance with the provisions
of this section for offences committed prior
to his repatriation, unless the requested State expressly consents to such prosecution.
Such consent shall also be required in order to enforce a penal sanction involving
deprivation of liberty or any more severe
sentence passed in the requesting State before
- The consent referred to in paragraph 1 shall be governed by the rules regulating
extradition in the requested State or by such
other rule established there for the
implementation of this article.
- Consent may not be withheld in cases where the requested State would be obliged to grant
extradition, were extradition to be requested.
Section III Repatriation on the request of the State of sojourn
- In the cases provided for in Article 2, paragraph 2, the State of sojourn of the minor
may request another Contracting State to
agree to the repatriation of such a minor as
- when the person or persons having parental authority are in another Contracting State,
the request shall be addressed to that
- when the person or persons having parental authority are in a State which is not a party
to this Convention, the request shall
be addressed to the Contracting State where the
minor has his habitual residence;
- when it is not known in what State the person or persons having parental authority are
to be found or when no one has parental
authority, the request shall be addressed to the
Contracting State where the minor has his habitual residence or, if repatriation
State is not agreed to or otherwise proves impossible, to the Contracting State of which
the minor is a national.
- The provisions of paragraph 1 shall not affect the powers which Contracting States enjoy
under their own legislation in respect
of foreign nationals.
- If the requested State agrees to receive the minor the competent authorities in the
requesting State and in the requested State
shall agree as promptly as possible on the
- The request relating to repatriation may be accompanied by a request that measures be
taken which are deemed appropriate because
of the conduct, or the situation, of the minor
in the requesting State. The request may also specify all other conditions with
repatriation must comply.
Section IV Common provisions
- All requests relating to repatriation shall be submitted in writing and shall state, in
- the name of the issuing central authority;
- the identity and nationality of the minor whose repatriation is requested and, if
possible, his address in the requested State;
- the reasons invoked in support of the request;
- if applicable, the authority or person making the application for repatriation as well
as their legal relations with the minor.
- In cases grounded on Article 2, paragraph 1, the request shall be accompanied, where
appropriate, by the original or a certified
copy either of the document proving parental
authority except where such authority derives directly from law, or of the decision
ordering a measure of protection or re-education of the minor concerned or of the
documents proving the necessity for the
minor to appear at the proceedings in course in
the requesting State and the purpose of such proceedings.
- If the requested State considers that the information supplied by the requesting State
is not sufficient to enable it to decide
on the request, it shall ask for the necessary
additional information. It may fix a time-limit for the receipt of such information.
- Subject to paragraph 2 of this article, no translation of requests or of the supporting
documents shall be required.
- Any Contracting State may, when signing or depositing its instrument of ratification,
acceptance or accession, by a declaration
addressed to the Secretary General of the
Council of Europe, reserve the right to stipulate that requests and supporting documents
shall be accompanied by a translation into its own language or one of its languages or
into one of the official languages
of the Council of Europe or into such one of those
languages as it shall indicate. The other Contracting States may apply reciprocity.
- This article shall be without prejudice to any provision concerning translation of
requests and supporting documents contained
in agreements or arrangements now in force or
which may be concluded between two or more Contracting States.
Evidence and documents transmitted in connection with this Convention shall be exempt
from all formalities of legalisation.
- The transit of a minor in process of repatriation, in pursuance of the present
Convention, through the territory of a Contracting
State, shall be authorised upon simple
notification, of which there shall be a written record by the State from which the
repatriation is to be effected.
- Transit may be refused when:
- the minor is the subject of a criminal prosecution in the State of transit or if he is
required to submit to a penal sanction
involving deprivation of liberty or a more severe
- the minor is a national of the State of transit.
- If transit is not refused, the minor may neither be arrested nor detained in the State
of transit for offences committed before
his entry into that State.
- The State of transit shall seek to ensure that the minor does not elude repatriation.
Reasons shall be given for any refusal of repatriation or transit.
Communications between central authorities in connection with the implementation of
this Convention may be transmitted through the
International Criminal Police Organisation
- Any costs incurred in implementing this Convention shall be borne by:
- the requested State, if such costs are incurred in its territory;
- the requesting State, in all other cases.
- This article shall not prevent the recovery of costs from the minor or other persons
responsible for them.
Section V Final clauses
- This Convention shall be open to signature by the member States represented on the
Committee of Ministers of the Council of Europe.
It shall be subjected to ratification or
acceptance. Instruments of ratification or acceptance shall be deposited with the
Secretary General of the Council of Europe.
- This Convention shall enter into force three months after the date of deposit of the
third instrument of ratification or acceptance.
- In respect of a signatory State ratifying or accepting subsequently, the Convention
shall come into force three months after the
date of deposit of its instrument of
ratification or acceptance.
- After the entry into force of this Convention, the Committee of Ministers of the Council
of Europe may invite any non-member State
to accede thereto.
- Such accession shall be effected by depositing with the Secretary General of the Council
of Europe an instrument of accession
which shall take effect three months after the date
of its deposit.
Any Contracting State may, at the time of signature or when depositing its instrument
of ratification, acceptance or accession,
make a declaration defining, as far as it is
concerned, the term "nationals" as used in this Convention.
- Any Contracting State may, at the time of signature or when depositing its instrument of
ratification, acceptance or accession,
specify the territory or territories to which this
Convention shall apply.
- Any Contracting State may, when depositing its instrument of ratification, acceptance or
accession or at any later date, by declaration
addressed to the Secretary General of the
Council of Europe, extend this Convention to any other territory or territories specified
in the declaration and for whose international relations it is responsible or on whose
behalf it is authorised to give undertakings.
- Any declaration made in pursuance of the preceding paragraph may, in respect of any
territory mentioned in such declaration, be
withdrawn according to the procedure laid down
in Article 29 of this Convention.
- Subject to the provisions of paragraphs 3 and 4 of this article, this Convention shall,
in respect of the territories to which
it applies, supersede the provisions of any
treaties, conventions or bilateral agreements between Contracting States governing
repatriation of minors for the reasons specified in Article 2, to the extent that the
Contracting States may always avail
themselves of the facilities for repatriation provided
for in this Convention.
- This Convention shall not prevent repatriation or extradition founded either on
international agreements or conventions, or on
the internal law of the State in question.
- Contracting States may conclude between themselves bilateral or multilateral agreements
on matters governed by this Convention;
however, such agreements shall only be made in
order to supplement the provisions of this Convention or to facilitate the application
the principles contained herein. Such bilateral or multilateral agreements or arrangements
may provide, in particular,
for direct relations between competent national authorities.
- Furthermore, where two or more Contracting States have established or establish
relations on the basis of uniform legislation
or a special system, these States shall,
notwithstanding the provisions of this Convention, be free to regulate their mutual
relations in this field exclusively in accordance with such legislation or system.
Contracting States which, in accordance
with this paragraph, exclude, as between
themselves, the application of this Convention, shall notify the Secretary General of
Council of Europe accordingly.
The Council of Europe shall keep itself informed concerning the application of this
Convention and shall do whatever is needful
to facilitate a friendly settlement of any
difficulty which may arise out of its execution.
- This Convention shall remain in force indefinitely.
- Any Contracting State may, in so far as it is concerned, denounce this Convention by
means of a notification addressed to the
Secretary General of the Council of Europe.
- Such denunciation shall take effect six months after the date of receipt by the
Secretary General of such notification.
The Secretary General of the Council of Europe shall inform the member States
represented on the Committee of Ministers of the Council
and any State which has acceded
to this Convention of:
- any signature;
- any deposit of an instrument of ratification, acceptance or accession;
- any notification received in accordance with Article 3 of this Convention;
- any date of entry into force of this Convention in accordance with Article 23 thereof;
- any declaration received in accordance with Article 25;
- any notification received in accordance with Article 26;
- any notification received in accordance with Article 27, paragraph 4;
- any notification received in pursuance of Article 29 and the date on which the
denunciation takes effect.
In witness whereof, the undersigned, being duly authorised thereto, have signed this
Done at The Hague this 28th May 1970 in English and in French, both texts being equally
authoritative, in a single copy, which shall
remain deposited in the archives of the
Council of Europe. The Secretary General shall transmit certified copies to each of the
signatory and acceding governments.