Vol. 254 - United Nations Treaty Collection

190 United Nations - Treaty Series 1956
A legitimate child under 16 years of age shall have the same status under
this Chapter as his father, or, if his father dies or is missing, as his mother.
The child shall preserve the latter status if both parents die: Provided that,
notwithstanding the provision of Article 21, an orphan under 16 years of age
may be repatriated if the competent authorities in the two countries agree that
the requirements of the child will be met by repatriation. If the marriage
between the parents is dissolved by divorce the child shall acquire the status of the
parent who has or last had parental authority over him. In the case of an illegitimate
child only the mother's status shall be taken into consideration. When
the child attains the age of 16 years his status shall be determined by the number
of years he has resided without interruption in the country and in such manner
that all assistance given prior to his attaining the said age is disregarded.
Article 23
If there is nothing in the provisions of this Chapter to prevent the repatriation
of a person in need the fact that the circumstances of the case do not justify
repatriation shall nevertheless be taken into consideration. When a decision is
taken humanitarian factors shall be considered first. As a rule a person in need
shall not be repatriated if this would cause the separation of close relatives, if the
person is of an advanced age and has been resident in the country for a lengthy
period or if he cannot be repatriated without detriment to his health.
Article 24
This Convention shall not affect agreements between the contracting countries
respecting the reciprocal assistance and repatriation of necessitous seafarers.
DIVISION III. COMMON PROVISIONS
Article 25
A person who is stateless but who before becoming stateless was a national
of one of the contracting countries shall be treated as a national of such country
for the purposes of this Convention.
Article 26
Persons serving in a foreign country on the staff of a diplomatic or consular
mission shall be governed by the legislation of the country to which the mission
belongs. The same shall apply as regards other persons employed by such
missions or in the personal service of the staff of such missions, if they are nationals
of the country to which the mission belongs :
No. 3593