Izvršenje presuda Europskog suda za ljudska prava u građanskopravnim međunarodnim otmicama djece u Republici Hrvatskoj – nova otvorena pitanja

The European Court of Human Rights (ECtHR) established a violation of the (European) Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) in several cases of international parental child abduction before Croatian courts. The length and the manner in which the proceedings concerning the return of the child were conducted constituted grounds for establishment of a violation of the right to a fair trial and the right to respect for private and family life. The execution of these judgments is still pending before the Committee of Ministers, despite the fact that the measures ordered resulted with a modified Croatian legal regime introduced through the Act on the Application of the Convention on the Civil Aspects of International Child Abduction. The Act includes a number of procedural improvements which align the practice of Croatian courts with international and European standards. However, the judgment of the ECtHR in Adžić v Croatia (no. 2) reveals that there is still no unambiguous answer to the question whether extraordinary appellate proceedings should be permitted in child abduction cases. Hence, the authors critically analyse the possibility of initiating an extraordinary appellate proceedings in these cases from a civil procedure and private international law aspect. The conclusion takes into account the specific circumstances of the case at hand as well as the case law of the ECtHR in relevant cases concerning other contracting states.

The best interests of the child: More questions about this construct?

In this article I examine the best interests of the child construct and raise questions about the utility of the construct. I also draw attention to Winnicott’s good enough parenting proposal as an alternative conceptualisation that addresses the issue of parental child-rearing capacity.The best interests construct that emanates from the US has been the dominant international child-protection paradigm for at least two decades. Associated with this construct is a focus on individual parental pathology and child-rearing deficits. Yet, family poverty is the dominant factor, rather than parental pathology or incapacity, that precipitates many child abuse and neglect cases. The question is, has the best interests construct, one that ignores poverty and social disadvantage, outlived its usefulness? This construct has certainly affected Aboriginal families and led, as evidence shows, to the over-removal of children from these families. A range of alternative interventions and a social model of child protection is then canvassed.

Longitudinal association between parental-to-child-Maltreatment and self-reported Generalized Anxiety Disorder symptoms in Pakistani Adolescents

Background Parent-to-child maltreatment is considered one of the risk factors for Generalized Anxiety Disorder (GAD) symptoms, but this hypothesis has not been adequately tested in Pakistani settings. Aim This study aimed to examine the association between parent-to-child maltreatment and the risk of developing GAD symptoms among adolescents. Methods The association of none to rare, occasionally, and frequently parent-to-child maltreatment with the incidence of GAD symptoms was investigated in a sample of 800 adolescents aged 11–17 years who were followed for two years. Parent-to-child maltreatment was assessed using ICAST-C (International child abuse screening tool). GAD Symptoms were determined by SCARED (Screen for children anxiety-related disorders). Cox Proportional Algorithm was used to estimate risk ratios. Results Among children with both uneducated parents, frequently maltreatment was associated with 7.31 (2.20–24.04) times the risk of GAD symptoms compared to none to rare maltreatment. In contrast, the risk of GAD symptoms in frequently maltreated children was 5.58 times (1.40–21.97) than negligibly maltreated children with either educated parent. Conclusion The frequency of parent-to-child maltreatment is significantly associated with an increased risk of developing GAD symptoms in which parental education plays a crucial role. Parents should be imparted with the awareness of the consequences of child maltreatment. In Pakistani settings the need to have this awareness is even more necessary due to the culturally acceptable disciplinary measures used by parents.

International Child Abduction: The Complexities of Forensic Psychiatric Assessments Before the Hague Convention

The Hague Convention is an international intergovernmental agreement that facilitates the return of abducted children to lawful parents across international borders. Children may not be returned if it can be established that the return would result in harm to the child. Forensic psychiatrists may be called upon to provide an expert opinion regarding the potential harm to come to a child, as well as various other psycholegal issues. We discuss interpretations and precedents regarding this law and the possible contributions of forensic psychiatrists. We also discuss two hybridized case examples involving international child abduction and proceedings before the Hague Convention. We will discuss issues that arose after psychiatric evaluations in each case.

Longitudinal Association Between Parental-to-child-maltreatment and Self-reported Generalized Anxiety Disorder Symtoms in Pakistani Adolescents

Background: Parent-to-child maltreatment is considered to be one of the risk factors for Generalized Anxiety Disorder (GAD) symtoms but this hypothesis has not been adequately tested in Pakistani settings. Aim: This study aimed to examine the association between parent-to-child maltreatment and the risk of developing GAD symptoms among adolescents.Methods: The association of none to rare, occasionally and frequently parent-to-child maltreatment with the incidence of GAD symptoms was investigated in a sample of 800 adolescents aged 11-17 years who were followed for a period of 2 years. Parent-to-child maltreatment was assessed using ICAST-C (International child abuse screening tool) whereas GAD Symptoms was determined by SCARED (Screen for children anxiety related disorders). Cox Proportional Algorithm was used to estimate risk ratios.Results: Forty-two percent of frequently maltreated children developed GAD symptoms compared to nine percent of none to rare maltreated children. Among children with both uneducated parents, frequently maltreatment was associated with 7.31 (2.20-24.04) times the risk of GAD symptoms as compared to none to rare maltreatment. Conclusion: The frequency of parent-to-child maltreatment is significantly associated with an increased risk of development of GAD symptoms in which parental education plays a crucial role, hence evaluation for the GAD symptoms should be a priority for adolescents with history of occasionally to frequently parent-to-child maltreatment. Parents should be imparted awaress about the ultimate consequences of child maltreatement.

Substantive and Procedural Legal Issues in Dispute Resolution Under the 1980 Hague Convention on the Civil Aspects of International Child Abduction

The article is devoted to considering cases on the return of a child or on the exercising access rights in relation to a child on the basis of the Hague Convention on Civil Aspects of International Child Abduction of 1980. The importance of cases concerning the return of a child or the exercise of access rights in respect of a child necessitates theoretical development not only of the procedural institutions, which norms regulate the examination of this category of cases by the courts, but also an analysis of the substantive aspects of disputes concerning the return of a child or the exercise of access rights in respect of a child on the basis of the 1980 Convention. According to the author, the relationship between substantive and procedural law is reflected in the principle of the best interests of the child, the subject of judicial protection, the specifics of the protection means and the subject of proof, as well as the specifics of the composition and procedural position of the persons involved in the trial of the category under study. Particular attention is paid to the tasks and powers of the central authorities established to ensure the unhindered and effective application of the 1980 Convention. It is proposed to transfer the powers of the central body in this sphere from the Ministry of Education of the Russian Federation to the Ministry of Justice of the Russian Federation. The development of the institution of mediation, including the active promotion of the expansion of mediation cooperation within the framework of interstate contacts aimed at resolving cases of the category under consideration, seems promising.