A/HRC/1/L.10
page 47
adoption or other form of placement of children shall have legal procedures in place to review
the adoption or placement procedure, and, where appropriate, to annul any adoption or
placement of children that originated in an enforced disappearance.
5.
In all cases, and in particular in all matters relating to this article, the best interests of the
child shall be a primary consideration, and a child who is capable of forming his or her own
views shall have the right to express those views freely, the views of the child being given due
weight in accordance with the age and maturity of the child.
PART II
Article 26
1.
A Committee on Enforced Disappearances (hereafter referred to as “the Committee”)
shall be established to carry out the functions provided for under this Convention. The
Committee shall consist of 10 experts of high moral character and recognized competence in the
field of human rights, who shall serve in their personal capacity and be independent and
impartial. The members of the Committee shall be elected by the States Parties according to
equitable geographical distribution. Due account shall be taken of the usefulness of participation
in the work of the Committee by persons having relevant legal experience and to balanced
gender representation.
2.
The members of the Committee shall be elected by secret ballot from a list of persons
nominated by the States Parties from among their nationals, at biennial meetings of States Parties
convened by the Secretary-General of the United Nations for this purpose. At those meetings,
for which two thirds of the States Parties shall constitute a quorum, the persons elected to the
Committee shall be those who obtain the largest number of votes and an absolute majority of
votes of the representatives of States Parties present and voting.
3.
The initial election shall be held no later than six months after the date of entry into force
of this Convention. Four months before the date of each election, the Secretary-General of the
United Nations shall address a letter to the States Parties inviting them to submit nominations
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