36 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. (…) 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 whereabouts of the absent member(s) of the family unless the provision of the information would be detrimental to the well-being of the child. States Parties shall further ensure that the submission of such a request shall of itself entail no adverse consequences for the person(s) concerned. 199. The travaux préparatoires for this Convention considered the need for separations of children from their family nucleus to be duly justified and preferably temporary, and for the child to be returned to his or her parents as soon as circumstances allow. The standards set forth in Article 9 of the Convention on the Rights of the Child may be summarized as the right of the child to stay with their biological family except where that would contrary to their best interests and, should it be necessary to separate the child from their family, equitable procedures shall be applied in which fair trial guarantees are observed. 200. This instrument also contains various provisions that recognize the right of the child to 162 live with and be cared for by their parents . The preamble expressly recognizes the family as the natural environment for the growth of children and establishes the duty of states to support this institution so that it can perform its function in the community. 201. Other declarations and sets of principles recognize the relationship between the rights of the child and protection of the family. The United Nations Guidelines for the Prevention of Juvenile Delinquency, or “Riyadh Guidelines”, provide that: (…) the family is the central unit responsible for the primary socialization of children, governmental and social efforts to preserve the integrity of the family, including the extended family, should be pursued. The society has a responsibility to assist the family in providing care and protection and in 163 ensuring the physical and mental well-being of children. (…) 202. In keeping with this international development in the link between protection of the child and protection of the family, the Inter-American Court has held: 162 Article 7: 1. The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and. as far as possible, the right to know and be cared for by his or her parents; Article 10: 1. In accordance with the obligation of States Parties under article 9, paragraph 1, applications by a child or his or her parents to enter or leave a State Party for the purpose of family reunification shall be dealt with by States Parties in a positive, humane and expeditious manner. States Parties shall further ensure that the submission of such a request shall entail no adverse consequences for the applicants and for the members of their family. 2. A child whose parents reside in different States shall have the right to maintain on a regular basis, save in exceptional circumstances personal relations and direct contacts with both parents. Towards that end and in accordance with the obligation of States Parties under article 9, paragraph 1, States Parties shall respect the right of the child and his or her parents to leave any country, including their own, and to enter their own country. The right to leave any country shall be subject only to such restrictions as are prescribed by law and which are necessary to protect the national security, public order (ordre public), public health or morals or the rights and freedoms of others and are consistent with the other rights recognized in the present Convention; Article 11: 1. States Parties shall take measures to combat the illicit transfer and non-return of children abroad. (…). 163 The Beijing Rules (17, 18 and 46) made a similar statement. See also, inter alia, the Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and Internationally (1985) adopted by UN General Assembly resolution 41/85 of 3 December 1986, and the Plan of Action of the Third Summit of the Americas held in Quebec, Canada, in April 2001.