CIDIP: This Convention was adopted at the Fifth Inter-American Specialized Conference on Private International Law (CIDIP-V), held in Mexico City, Mexico, March 1994.  

Ratifications: To date, the following countries have ratified this Convention: [click here] 

Objective: This Convention establishes a comprehensive and effective protection for minors, through appropriate mechanisms to guarantee their rights and through awareness of international traffic in minors as a universal concern.  

Summary: The Convention requires that the States Parties designate one or more Central Authorities to oversee both criminal and civil matters related to the international traffic in minors. The Central Authority will provide mutual assistance, within the limits of their domestic laws and applicable international treaties, in judicial and administrative proceedings, in the taking of evidence, and in any other procedural steps related to particular cases. The Convention requires that the Central Authority also establish mechanisms for the exchange of information about any domestic statute, case law, administrative practices, statistics and modalities regarding international traffic in minors in their respective States.  

The Convention establishes that the following States shall have jurisdiction in cases of crimes involving international traffic of minors: 1) the State where the wrongful conduct occurred; 2) the State that is the habitual residence of the affected minor; 3) the State in which the alleged offender is located, if said offender has not been extradited; and 4) the State in which the minor who is a victim of said traffic is located. Furthermore, the Convention serves as the legal grounds to grant extradition in the case of the international traffic in minors if one State, where extradition is subject to the existence of a treaty, receives a request for extradition from another State with which it has no such treaty, so long as it is accomplished in full respect of the domestic laws of the requested State. The Convention establishes the procedure for locating and returning a minor, requiring that request for locating and returning such minor must be made in the state of habitual residence of the minor before the respective authorities.  

The Convention awards competency to the judicial or administrative authorities of the State Party of the minor’s habitual residence, or those of the State Party where the minor is or is assumed to be retained, at the option of the complainants. Also, when in the complainants’ view there are urgent reasons to do so, the request may be submitted to the authorities of the State Party where the wrongful act occurred. The Convention establishes that the Central Authorities of the States Parties shall exchange information and cooperate with their competent judicial and administrative authorities on all matters concerning control of the entry of minors into and departure from their territories. Additionally, once a State confirms that a victim of traffic in minors is present within its jurisdiction, the competent Authorities shall take such immediate measures as may be necessary for the minor’s protection, including those of a preventive nature to ensure that the minor is not improperly removed to another State, and shall communicate such actions to the Authorities of the State of habitual residence of the minor.