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Attributes of Article 11 |
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Data is collected and disaggregated by prohibited grounds for discrimination, including age, sex, ethnicity, disability, when applicable |
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Measures to combat the illicit transfer and non-return of children abroad |
Measures to promote the conclusion of bilateral or multilateral agreements or accession to existing agreements |
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Structural Indicators as an indication of commitment to take action, refers to the existence of institutions and policies and laws aligned with the international child rights laws and for the realisation of children’s rights |
1. State has ratified the Hague Convention on the Civil Aspects of International Child Abduction, 1980. 2. Immigration laws of the State allow for entry of a parent or the person, institution or other body having the legal care of the child who has been separated from a child due to abduction, as well as allowing for the child to leave a country for reunification. 3. A ‘Central Authority’ (which Contracting States must establish) exists to facilitate, where appropriate, the return of the child to their home country, pursuant to the Hague Convention on the Civil Aspects of International Child Abduction, 1980. 4. The State’s border security practices and protocols are in place that specifically address child abduction prevention. 5. A national strategy exists to combat parental child abduction. 6. Legislation obligates establishment of child-friendly procedures across all stages of child abduction and non-return, to facilitate the right of the child to: 6.1 Be heard in any administrative or judicial processes related to child abduction 6.2 Have their views be given due weight in accordance with the child’s age and maturity, and in alignment with Art 12. |
7. Number of bilateral / multilateral agreements signed to prevent and/or remedy child abduction. |
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Process Indicators refers generally to efforts made and actions taken, following on from commitment, and thus to specific activities, resources and/or initiatives in pursuit of rights’ realization |
8. Percentage of cases involving illicit transfer and non-return of children dealt with by specially trained lawyers. 9. Percentage of cases in which legal aid is available to a parent contesting illicit transfer and non-return of children. |
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Outcome Indicators refers to a measurable resultant change either in the “rights environment” or directly in lives of children. |
10. Percentage of all cases filed resulting in: 10.1 Voluntary return 10.2 Judicial return 10.3 Judicial refusal of return applications 11. Average time taken (in months) from the receipt of the application by the Central Authority until the final agreement or court decision (including any appeals; voluntary return; judicial return; judicial refusal). 12. Rate of successful access applications (under the Hague Convention on the Civil Aspects of International Child Abduction, 1980, Art 21). |
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