scholarly journals The European Court of Human Rights and the Hague Child Abduction Convention: Prioritising Return or Reflection?

2015 ◽  
Vol 62 (3) ◽  
pp. 365-405 ◽  
Author(s):  
Peter McEleavy
Keyword(s):  
Human Rights ◽  
Child Abduction ◽  
European Court ◽  
The Hague

Protecting the Best Interests of the Child: International Child Abduction and the European Court of Human Rights

2015 ◽  
Vol 84 (2) ◽  
pp. 270-296 ◽  
Author(s):  
Helen Keller ◽  
Corina Heri
Keyword(s):  
Human Rights ◽  
Hague Convention ◽  
Best Interests ◽  
European Convention ◽  
Child Abduction ◽  
European Court ◽  
International Child ◽  
The Hague ◽  
Viable Approach ◽  
The Hague Convention

In its case law on international child abduction, the European Court of Human Rights (ecthr) seeks to interpret the European Convention on Human Rights (echr) in conformity with the Hague Convention on the Civil Aspects of International Child Abduction. Both instruments safeguard the best interests of abducted children, but in different ways. This article explores the progress made by the ecthr in harmonising the conflict between the Hague Convention and Article 8 echr. While the ecthr’s approach to the abducted child’s best interests in Neulinger and Shuruk v. Switzerland was met with strong criticism, the Court seems to have found a viable approach in X. v. Latvia. The ecthr’s current tactic allows it to continue its dialogue with national authorities and international bodies by imposing procedural requirements, thereby contributing to a harmonised approach appropriate to the best interests of abducted children without negatively impacting the functioning of the Hague Convention.

CHILD ABDUCTION: RECENT JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS

2015 ◽  
Vol 64 (1) ◽  
pp. 39-63 ◽  
Author(s):  
Paul Beaumont ◽  
Katarina Trimmings ◽  
Lara Walker ◽  
Jayne Holliday
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Recent Case ◽  
European Convention ◽  
Habitual Residence ◽  
Child Abduction ◽  
European Court ◽  
The Eu

AbstractThis article examines how the European Court of Human Rights has clarified its jurisprudence on how the 1980 Hague Child Abduction Convention Article 13 exceptions are to be applied in a manner that is consistent with Article 8 of the European Convention on Human Rights. It also analyses recent case law of the European Court of Human Rights on how the courts in the EU are to handle child abduction cases where the courts of the habitual residence have made use of their power under Article 11 of Brussels IIa.

An Old Judge Remembers

2002 ◽  
Vol 15 (2) ◽  
pp. 307-322 ◽  
Author(s):  
Gunnar Lagergren ◽  
George H. Aldrich
Keyword(s):  
United States ◽  
Twentieth Century ◽  
Human Rights ◽  
International Law ◽  
European Court ◽  
The Hague

Gunnar Lagergren has performed many notable functions in the course of the twentieth century, most of which resulted in significant contributions to international law and, in particular, to the settlement of international disputes. As an arbitrator, he handled a number of important cases, including that between India and Pakistan concerning the Rann of Kutch and the Taba boundary arbitration between Egypt and Israel. He served with distinction on a number of important tribunals, including the European Court of Human Rights at Strasbourg and the Iran-United States Claims Tribunal at The Hague, where he was its first President.

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