Illicit transfer and non-return
CRC Article = 11
The illicit transfer and non-return of children abroad refers to the problem of the abduction of children across frontiers by one of their parents. States Parties are required to take measures to combat the illicit transfer and non-return of children abroad, including the conclusion of bilateral or multilateral treaties or accession to existing treaties. Existing treaties include: the Hague Convention on the Civil Aspects of International Child Abduction (1980); the European Convention on Recognition and Enforcement of Decisions Concerning Custody of Children and on Restoration of Custody of Children (1980); and the Inter-American Convention on the Return of Children (1989).
Abduction Contact with both parents Recovery of maintenance Separation from parent(s)
Impartial and independent authority
Imprisonment of parent(s)
Many countries have constitutional provisions which determine the status of treaties in the national law, so that the precise legal implications of becoming party to the CRC will vary from State to State. In general, the approach of States to treaties can be divided into the transformation approach and the incorporation approach. The latter approach means that once the requirements for ratification have been satisfied, the CRC itself becomes automatically part of the national law.