2. States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant
international instruments in this field, in particular where the child would
otherwise be stateless.
Article 8
1. States Parties undertake to respect the right of the child to preserve
his or her identity, including nationality, name and family relations as recognized by law without unlawful interference.
2. Where a child is illegally deprived of some or all of the elements of his
or her identity, States Parties shall provide appropriate assistance and protection, with a view to re-establishing speedily his or her identity.
Article 9
1. States Parties shall ensure that a child shall not be separated from his
or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and
procedures, that such separation is necessary for the best interests of the
child. Such determination may be necessary in a particular case such as
one involving abuse or neglect of the child by the parents, or one where
the parents are living separately and a decision must be made as to the
child’s place of residence.
2. In any proceedings pursuant to paragraph 1 of the present article, all
interested parties shall be given an opportunity to participate in the proceedings and make their views known.
3. States Parties shall respect the right of the child who is separated
from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the
child’s best interests.
4. Where such separation results from any action initiated by a State
Party, such as the detention, imprisonment, exile, deportation or death
(including death arising from any cause while the person is in the custody
of the State) of one or both parents or of the child, that State Party shall,
upon request, provide the parents, the child or, if appropriate, another
member of the family with the essential information concerning the
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