NAME, SEAT AND OBJECTS

Article 1: Name, Seat.

The Association shall be called “l’Association Internationale des Magistrats de la Jeunesse et de la Famille” — “The International Association of Youth and Family Judges and Magistrates” — “Asociación Internacional de Magistrados de la Juventud y de la Familia” and has its seat in Geneva (Switzerland).

Article 2 : Objects

The objects of the Association are:

1.         to establish links between judges, magistrates and specialists all over the world who are attached to a judicial authority of whatever nature which is concerned with the protection of youth or with the family;

2.         to study, at international level, all problems raised by the functioning of judicial authorities and organisation for the protection of youth and the family; to ensure the continuance of the national and international principles governing those authorities and to make them more widely known;

3.         to examine legislation designed for the protection of youth and the family and the various systems existing for the protection of the youth at risk with a view to improving such systems both nationally and internationally;

4.         to promote the awareness and application of children’s rights;

5.         to assist collaboration between nations and competent authorities with regard to foreign minors and their family;

6.         to encourage research into the causes of the criminal behaviour or maladjustment of youth, to combat their effects and to seek a permanent prevention and rehabilitation programme; to concern itself with the moral and material improvement of youth’s destiny and, in particular, with the future of children and young people at risk;

7.         to collaborate with international associations concerned with the protection of youth and with the family.

MEMBERS

Article 3 : Members

Members of the Association may be:

            a. Ordinary members;

            b. Affiliated National Associations;

            c. Associate Members;

            d. Honorary Members.

Article 4 : Ordinary members

1.         Ordinary Membership may be granted only to judges and magistrates and other persons, who hold or have held office in a youth or family court or are performing similar functions.

2.         Ordinary Members may be admitted by the Secretary-General or other officer to whom s/he may have delegated his/her powers; they may be required to give proof of their eligibility. In case of refusal an appeal may be made to the Council.

3.         Ordinary Members shall pay an annual subscription at a rate to be fixed by the Council within limits determined by a General Assembly.

Article 5 : National Associations

1.         Membership may be granted to National Associations of judges, magistrates and other persons who have wholly or in part the same objects as the Association provided they have a minimum of five persons. They are admitted by the Executive. In case of refusal an appeal may be made to the Council.

2.         They may organise themselves in the form they think best, though they remain bound by these statutes.

3.         Members of national associations are affiliated collectively to the Association and pay their subscriptions through their Association at the prescribed rate.

4.         National associations constitute bodies which are distinct from the Association and their property is distinct from that of the Association; they cannot commit the Association in any way vis‑a‑vis their members or third parties.

Article 6: Associate Members.

1.         Organisations, specialist groups or persons who, by their qualifications in the fields as defined in article 2, their competence and their achievements can contribute to the work of the Association may be granted associate membership.

2.         They are admitted by the Secretary General. In case of refusal an appeal may be made to the Executive.

3.         Associate Members may take part in the work of the Association. They shall pay an annual subscription at a rate to be fixed by the Council within limits determined by a General Assembly. They have the right to vote.

4.         Associate members — with the exception of organisations and specialist groups — may be candidates for elections for the Council within the provisions of article 15 and 16.

Article 7 : Honorary Members.

Persons who have rendered notable service to the Association may be made honorary members by a General Assembly. They do not pay any subscription. Honorary membership confers the right to vote at General Assemblies.

Article 8: Application and Appeal.

Membership may be requested in writing to the Secretary General  or the Treasurer. In case of refusal an appeal in writing should be submitted to the Secretary General three months before the date of the next meeting of the Executive or the Council.

Article 9 : Loss of membership.

1.         Membership is lost:

a.         by resignation in writing addressed to the Secretary General or the Executive Commit­tee,

b          by being struck off the list of members by the Council for non‑payment of the subscription,

            or

c.         by exclusion, following a decision made by a two‑thirds majority of members at a General Assembly, for damaging the prestige, good name or interests of the Association.

2.         A person who has, for whatever reason, ceased to be a member and the heirs or personal representatives of a deceased member shall have no claim on the property of the Association.

3.         The Council may, by a two‑thirds majority of its members, suspend a member pending a decision of the next General Assembly to which a report shall be made.

THE ADMINISTRATIVE STRUCTURE OF THE

ASSOCIATION.

Article 10 : The administrative structure comprises:

a. The General Assembly

b. The Council

c. The Executive Committee

d. The General Committee.

Article 11 : General Assembly.

1.         The General Assembly convenes every four years at the venue of the Association’s congress.

2.         Convocation and all notices concerning General Assemblies shall be sent by the Secretary General to members at least three months before the date of the meeting and an agenda shall be prepared by the Council and distributed before the meeting.

3.         Members who wish an item placed on the agenda must advise the Secretary‑General at least three months before the meeting. The Council may accept or reject any such application.

4.         If the Council rejects any such application the member making it may, provided that not less than twenty members have signed a petition in support thereof, bring the matter directly before the General Assembly.

Article 12 : Extraordinary General Assembly

An Extraordinary General Assembly may be convened by the Council or on a written petition submitted to the Secretary-General and signed by not less than fifty members representing not less than five countries.

Convocations and all notices convening such meetings shall be sent by the Secretary‑General to members at least three months before the meeting.

Article 13 : The Power of the General Assembly.

General Assemblies shall have power to make decisions for the carrying out of the objects of the Association and, in particular, may:

a.          elect the President, the Vice‑President, the Secretary General, the Deputy Secretary General and the Treasurer; the president and at least two other members of the Executive must be ordinary  members;

b.         elect the other members of the Council, a majority of them must be ordinary members;

c.          elect Honorary Members;

d.         hear and decide appeals on decisions of the Council and the Executive Committee regar­ding admission of membership;

e.          expel members of the Association;

f.          receive and approve the accounts;

g.          fix the annual subscription or determine the limits within which the Council may prescribe the subscription;

h.          receive reports on all the activities of the Association;

i.           decide upon proposals to amend the Statutes in accordance with Article 21;

j.          discuss all items on the agenda and other items which conform with these Statutes with the Chairman’s permission;

k.         decide upon a resolution to dissolve the Association made in accordance with Article 21.

Article 14 : Votes.

1.         Save as otherwise provided in these Statutes, decisions shall be reached by a simple majority of voting members present or holding written and signed proxies. No such voting member may act as proxy for more than three absent members.

2.         Decisions shall be reached by show of hands but members of the Council are elected by secret ballot if requested.

3.         National Association and associate organisations shall be represented by one person designated in writing by such association or associate organisation; this representative shall have all the votes of this association or organisation.

4.         Members whose subscriptions are paid up‑to‑date shall have a right to vote.

5.         A national association or associate organisation shall have the number of votes equal to the average number of subscriptions paid annually since the last General Assembly, up to a maximum of 30. All questions about representation at the General Assembly of national associations and associate organisations are decided upon by the Council.

6.         In case of equality of votes, the Chairman shall have a casting vote.

7.         Minutes of General Assemblies, recorded by the Secretary‑General, shall be sent to members of the Council and shall be available to members on request.

Article 15 : The Council.

1.         The Council shall administer and promote the activities of the Association. It shall be composed of a maximum of twenty persons, a majority of them must be ordinary members. It shall not comprise more than three persons from the same country.

2.         The Council shall include:

a. the President,

b. the Vice‑President,

c. the Secretary-General

d. the Deputy Secretary‑General,

e. the Treasurer

f. Members.

3.         The immediate past president participates in the Council meetings in an advisory capacity.

4.         The members of the Council are elected by the General Assembly, by secret ballot if requested. They shall hold office until the next ordinary General Assembly. They shall be eligible for re‑election. Vacancies may be filled by co‑option and this shall remain effective until the next ordinary General Assembly.

5.         Members of the Council may be removed from office or suspended by a General Assembly, as provided in Article 9.

6.         The Council shall meet at least once a year. A member may be represented at a meeting by another member but no member may act as proxy for more than one absent member. The Council attends the meetings of the General Committee.

7.         Decisions shall be taken by a simple majority of members present or represented by a proxy. The Chairman shall have a casting vote. Decisions shall be entered in the minutes of the meetings, which will be made available  to the members of the Association on request.

8.         The Council shall have power to establish committees or working groups as it shall deem necessary. The membership and activities of these committees and working groups shall be under the control of the Council.

9.         The Council shall be represented in legal actions by the Secretary‑General or by another member nominated by the Council.

10.       The Council may accept or refuse gifts and legacies.

Article 16 : The Executive Committee.

1.         The president, the vice‑president, the secretary‑general, the deputy‑secretary general and the treasurer form the Executive Committee.

2.         The Council delegates the day‑to‑day management to the Executive Committee. The Executive Committee administers the Association in accordance with the decisions and directions of the Council.

3.         The Executive Committee shall meet at least twice a year.

Article 17 : The President.

1.         The President shall direct all the activities of the Association and shall take the chair at General Assemblies, the meetings of the Council and the General Committee. He shall be assisted by a Vice‑President to whom he may delegate temporarily all or any of his functions.

2.         He shall not commit the association, without prior approval of Council, as regards expenditure or the management of the association’s assets.

Article 18 : The Secretary General.

Under the direction of the Council the Secretary General shall:

a.         represent the Association in all‑legal proceedings;

b.         maintain an up‑to‑date list of members, record and retain the minutes of meetings, attend to correspondence, convene meetings and maintain the archives;

c.         not commit the Association, without prior approval of the Council, as regards expenditure or the management of the Associations assets;

d.         be assisted by a Deputy Secretary‑General.

Article 19 : The Treasurer

1.         The Treasurer shall manage the Association’s finances. He shall receive subscriptions, settle accounts and keep documents justifying his expenditure and revenue.

2.         He shall prepare the budget and, together with the President and Secretary General, prepare annual reports for submission to the Council and the General Assembly.

3.         He shall not commit the Association without the prior approval of the Council.

4.         Annual accounts shall be kept and shall be closed on 31 December each year: they shall be presented to the Council at its first meeting in each year.

5.         Accounts for the preceding four years shall be presented to Ordinary General Assemblies.

Article 20 : The General Committee.

1.         The General Committee shall consist of the representatives of the national associations, the members of the Council and the honorary members.

2.         Each national association shall designate at every congress its representative for the next four years as well as a substitute, who replaces him/her when unable to attend.

3.         It meets at least once every two years on the invitation and under the direction of the president of the Association.

4.         It shall make proposals regarding the venues, dates and themes of Congresses and shall formulate all its wishes and suggestions to the Council, that will discuss and decide thereupon.

5.         It stimulates contact between national associations and promotes the establishment of new national associations.

6.         It shall initiate and direct the Association’s scientific activities.

AMENDMENT OF STATUTES AND DISSOLUTION

OF THE ASSOCIATION

Article 21 : Amendments of the Statutes.

1.         No proposal to amend the Statutes shall be considered unless it is made by:

a. the Council,

b. a national association,

c. in writing, signed by at least twenty members, submitted so as to reach the Council at least three months before a General Assembly.

2.         Proposals to amend the Statutes shall be submitted to a General Assembly and shall be approved only by a two‑thirds majority of Members present or holding proxies.

3.         The Council shall have the power to convene an Extraordinary General Assembly for the purpose of considering proposals for amending the Statutes but shall give at least three months’ notice of any such meeting and shall send to all voting members a copy of the proposed amendments.

Article 22 : Dissolution of the Association.

The General Assembly shall decide the method of dissolution of the Association and the distribution of its assets.

GENERAL PROVISIONS

Article 23 : Applicable law

Anything which is not provided for in these Statutes shall be settled in accordance with the Provisions of Swiss law on associations.

Article 24.

Any difficulty over the interpretation of these Statutes shall be resolved by reference to the French text thereof.

Adopted in Buenos Aires, November 4, 1998

BYE‑LAWS

The General Assembly.

1. a.     The General Assembly is convened and the agenda distributed to all members by the Secretary General either by post or by publication in the periodical of the Association.

b.     The Assembly can legally decide only on subjects that are properly on the agenda.

2.         The Council submits its report to the General Assembly on the occurrences since the last General Assembly and renders an account. The assembly decides on approval of the report and on acceptance of the account.

3.         A member of the Council may not represent a national association on the General Committee.

4.         Only members who signed the attendance list may vote at the General Assembly.

5.         Blank and invalid votes will not be counted.

6.         In the year of the General Assembly, the date for becoming a member, with all rights thereof, is set at 30 (thirty) days before the date of the General Assembly. Applications received after this date will become effective on the first of January of the following year. The postmark will be decisive.

Election of the Council

7. a.      The Council publishes a list of candidates together with the formal announcement of the General Assembly.

b.      Other members of the Association may also be nominated as candidates by not less than 15 (fifteen) members, in writing to the Secretary General. This nomination should be in the hands of the secretary at the latest thirty (30) days before the beginning of the General Assembly.

c.      The nomination should indicate against what candidate of the Council’s slate the rival candidate is proposed and should be accompanied by a written statement of the candidate that s/he accepts this nomination. At the beginning of the congress where the General Assembly is held the Secretary General makes available a list with the original slate and the competing candidates.

d.      No rival candidate can be proposed against more than one other candidate.

e.      If no candidates are nominated by members, the candidates on the official slate are declared elected.

f.       Candidates, whose nomination is under discussion, have to leave the meeting room; they may re-enter as soon as voting starts.

g.      If there is more than one candidate for one vacancy, a ballot will be held, on request a secret ballot. The candidate who receives the most votes is elected. If two or more candidates are tied, there will be a second ballot between these candidates. If two or more candidates are tied after the second ballot, the chairman has a casting vote.

h.      The Council decides upon the voting procedure.

The National Associations.

8. a.     National associations and associated organisations shall designate their representative and a substitute and inform the Secretary Ge­neral accordingly. This information shall be in the hands of the Secretary General as soon as possible but at least 24 hours before the begin­ning of the General Assembly.

b.      National associations and associated organisations must inform the Secretary General about the composition of their board and all occurring changes in it.

c.      If a national associations or an associated organisations publishes a periodical, it will send one copy to the editing board of the periodical of the International Association.

The General Committee.

9. a.     The General Committee is convened and the agenda distributed by the Secretary General.

b.     The General Committee reaches its decisions by a simple majority of voting members present and by show of hands.

c.     If a vote ends in a tie the proposal is considered to be rejected.

The Committees.

10.       The Council may designate one or more working committees acting on an international basis to direct administrative projects or scientific work.

11.       These committees will be composed of members of the Association and experts, not necessarily affiliated to the Association, selected on an ad hoc basis. Each committee must include one member of the Council to ensure a liaison between said committee and the Council.

12.       These committees may act independently but must render an account to the Council at least once yearly on the state of their works.

13.       The committees may solicit funds to pay for their activities directly, provided they have obtained the express and written approval of the Council.

            They shall in this regard submit, through the Treasurer of the Association, a complete and detailed budget.

            Any communication shall be written on IAYFJM official stationary.

14.       The funds obtained for the activity of such committee will be deposited with the treasurer of each committee who will be responsible for its administration.

            An annual account of the status and management of the funds shall be submitted to the Council through the Treasurer of the Association.

            No indebtedness shall be incurred beyond the budget amount without the express authority of the Council.

15.       Each request for funds include an additional amount of 10% of the requested budget; that amount represents the association’s administrative overhead costs; such sum will be deposited immediately upon receipt to the account of the Association.

16.       Upon completion of each project, the ad hoc committee will present a complete report on its activity and a final accounting of its finances.

            In the event of a surplus the amount will be remitted to the Association.

            In the event of a deficit, the Council will rule on the possible intervention of the Association’s Treasury.

The Congresses.

17.       The Council:

a.   fixes the dates, place and length of the congress;

b.   settles the main theme of the congress and decides how this theme should be treated;

c.   settles the sub‑themes;

d.   nominates the rapporteur, chairman, vice‑chairman and general secretary of sections; it may also nominate specialists to present reports;

e.   defines in broad outline the organisation of the congress;

f.    fixes the registration fee following the proposal of the Local Organising Committee (LOC);

g.   assists and advises the LOC in all decisions affecting the organisation and financing of the congress;

h.   defines, in agreement with the LOC, the method of distribution of the final report.

The Council may delegate to a committee any of the responsibilities set out above.

18.       The LOC:

a.   selects the accommodation for the official meetings of the congress;

b.   arranges the reception and accommodation of participants;

c.   fixes the details of the working programme (time table etc.);

d.   sends out invitations;

e.   takes charge of the financing of the congress, including the preparation of estimates, proposing to the Council a suitable registration fee, seeking official or private subsidies, collecting registration fees, paying bills relating to the organisation of the congress and doing everything to ensure the sound financial management of the congress;

f.    organises visits and demonstrations relevant to the theme;

g.   organises touring activities and relaxation for participants;

h.   organises the congress secretariat;

i.    nominates the local secretaries of the congress;

j.    drafts résumés of debates, translates them and ensures their distribution;

k.   organises simultaneous translations (French-English‑Spanish)

l.    ensures adequate coverage by the press and the media;

m.  organises the internal regulation of the congress;

n.   prepares the final report of the congress, including the resolutions, and distributes them within a year.

19.       The main theme of the congress may be prepared by a preliminary enquiry or by research by one or more specialists working alone or as a team.

20.       Congresses last as a rule for one week, from Sunday afternoon to Saturday midday. There is an official opening ceremony to which are invited the civic dignitaries of the host countries.

21.       The working programme is opened by one or more reports presented by one or more specialists chosen by the Council. These reports introduce the theme of the congress.

            After the introduction of the theme the working programme begins. Following the broad outline of the programme participants are divided into sections: linguistic groups or groups with a specific subject to discuss.

            The allotment of sections is done before the congress when the programme is worked out.

            Each section shall have:

            - a chair,

            - a vice chair,

            - a general secretary,

            - a local secretary.

            The chair controls the debates, enlivens and directs the discussions, arranges the order of speakers and sets time limits for inputs. The vice‑chair and the general secretary assist in these duties. The local secretary takes notes of the speeches and ensures with the help of his/her three colleagues the preparation of the résumé of the debates. S/he also prepares the draft resolutions or recommendations for presentation to the plenary session.

            It is desirable that the chair, vice chair and general secretary should be chosen so that they would, between them, be fluent in the three official languages of the Association.

22.       Throughout the congress the LOC shall provide, at regular intervals, the participants with résumés of the work of the sections in the three official languages and these shall be included in the final report of the congress.

23.       The various working sessions should move towards producing draft resolutions, the number of which shall be decoded by the Council. They should be discussed by each section and then put into writing by the chair, the vice chair, the general secretary and the local secretary. They are then presented to the final plenary session and included in the final report of the congress.

24.       The final plenary session shall be held at the end of the congress. It may include a synthesis of the debates and perhaps a judicial address on the theme. It should also allow time for the presentation and discussion of each section’s draft resolution with a view to their adoption as resolutions of the congress. After presentation and discussion they shall be either adopted or rejected. Those that are adopted shall be reduced to writing by a special ad‑hoc committee, designated by the Executive, in three languages.

25.       The congress secretariat should be equipped to provide:

            a room for use of the Council;

            a photocopier;

            a hostess service to help participants find their way round the congress working area, to their hotels, around the district etc.;

            a list of the participants;

            a press liaison officer.

26.       The Association’s General Assembly shall be held during the congress at a time when the greatest possible number of delegates would be able to attend. The Council will decide on the appropriate time.

27.       The entertainment programme should include:

‑ a welcome cocktail party on the first evening, with local dignitaries present, to encourage the making of contacts;

‑ an official evening party with a meal.

            Visits and other demonstrations should be outside working hours except those intended for accompanying persons.

28.       The LOC is solely responsible for the financial management of the congress.

            However, the registration fee is fixed by the Council after a proposal made by the LOC, so as to ensure consistency as between different congresses. When the LOC submits its proposal for the registration fee it must at the same time submit estimates of revenue and expenditure.

            The LOC may dispose of any profit. In case of a loss no appeal can be made to the Association to cover the deficit.

            Official and private subsidies are the province of the LOC but in case of need, the Council may assist in the search for subsidies.

            The costs of the congress must include the cost of translation, printing and distribution of preparatory papers and of the final report.

            The LOC must, within one year of the end of the congress, submit to the Council detailed accounts of income and expenditure for record purpose.

29.       The contents of this directive and especially articles 17,18, 25 and 28 shall be applicable to the organisation of regional meetings and seminars.

30.       All matters not covered by this directive shall be considered by the Council and shall be subject of a special decision.

31.       In case of difficulty in interpretation the French text shall prevail.

Adopted in London on May 8, 1998