A/HRC/4/31
page 17
65.
Canada stated that specific oversight of processing and transplantation of human
organs and tissue were undertaken thanks to the Canadian Institute for Health Information
(CIHI) that acts as a focal point for collaboration between health actors (governments, regional
health authorities, hospitals, researchers) and health-care professional associations.
Furthermore, the Canadian Organ Replacement Register is a national database whose mandate
is to record and analyse the level of activity and outcomes of vital organ transplantation and
renal dialysis activities.
66.
In Germany, the institutions involved in the organ donation, allocation and
transplantation include hospitals and transplantation centres and the Deutsche Stiftung
Organstransplantation (German organ transplant foundation), which is responsible for the
coordination or organ donation in Germany, as well as Eurotransplant, which controls the
mediation part of the allocation of organs.
IV. RAPID-RESPONSE PROGRAMMES FOR ABDUCTED
OR DISAPPEARED CHILDREN
67.
The issue of missing children has become a serious concern in a number of States. In
fact, disappearances and abductions often constitute the first step for the perpetrators to achieve
their goal, including sexual exploitation of the kidnapped children. Because it often involves the
most vulnerable, the task is even more pressing. According to the Special Rapporteur, outreach
on prevention and on fast and effective responses is essential. Rapid-response programmes
should be encouraged in cases of abduction and disappearances of children. In fact, several
States have already elaborated a number of legislative and administrative measures and
programmes to tackle this issue. For example, centres for missing children with up-to-date
facilities have been created. To provide standards for other States, the Special Rapporteur will
provide further details on the different models already created in response to the problem.
A. International and regional standards
68.
Several legal instruments have been elaborated at the international and regional levels to
address this difficult issue. Articles 9 to 11 of the Convention on the Rights of the Child
stipulate that all children have the right to maintain regular personal relations with both
parents. Along with the Convention on the Rights of the Child, the Hague Convention of
25 October 1980 on the Civil Aspects of International Child Abduction11 seeks to ensure the
immediate return of children who have been unlawfully removed or retained in any of the
contracting States. It also ensures that rights of custody and access laid down by the State in
which the child is habitually resident are effectively respected in other contracting States. On the
whole, the provisions of this Convention help to ensure that a child, through a clear and speedy
process, is returned to his or her habitual domicile within 30 to 45 days, unless exceptions occur,
such as if the child’s return entails a risk of exposing him/her to danger. Furthermore, it is worth
mentioning several standards developed at the regional level. The Council of Europe
Convention on Recognition and Enforcement of Decisions concerning Custody of Children and
on Restoration of Custody of Children12 defines improper removal as the removal of a child
across an international frontier. Lastly, the Council of Europe Convention on the Protection of
Human Rights,13 particularly its article 8, also ensures the right to family life.
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