The Effectiveness of the Hague Convention on the Civil Aspects of International Child Abduction: A Study of the Case X vs. Latvia

In a context of continuous migratory flows and global mobility, this article analyzes the effectiveness of the Hague Convention on the Civil Aspects of International Child Abduction (CHSIC) in resolving cases of international child abduction, focusing on the best interests of the child. Initially, it discusses the functioning of the Convention as a normative framework for the expeditious return of abducted children to their habitual residence countries, highlighting its innovations and main criticisms. Subsequently, it examines the jurisprudence of the European Court of Human Rights (ECtHR), particularly exemplified in the case Latvia. Through this case, it investigates how the Hague Convention influences the protection of children's rights and its effectiveness in ensuring the return of abducted children. This integrated analysis provides a deep understanding of the practical implementation of the Convention and its effectiveness in protecting children's individual rights. It is concluded that while the Hague Convention establishes a robust mechanism for resolving cross-border disputes, its application needs to be complemented by a detailed consideration of children's individual rights, as emphasized by the ECtHR. Thus, the effective integration of this legal instrument with documents such as the United Nations Convention on the Rights of the Child (UNCRC) not only strengthens international protection of minors but also promotes a legal environment that prioritizes the well-being and unique interests of each child involved in international abduction cases.

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Publication Details

Journal
International Journal of Law and Society
Published
2025-02-07
DOI
https://doi.org/10.11648/j.ijls.20250801.15
Primary Topic
Conflict of Laws and Jurisdiction
Type
article
Field-Weighted Citation Impact
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article

The Effectiveness of the Hague Convention on the Civil Aspects of International Child Abduction: A Study of the Case X vs. Latvia

Estefany Monteiro
International Journal of Law and Society
Conflict of Laws and Jurisdiction
article

The Effectiveness of the Hague Convention on the Civil Aspects of International Child Abduction: A Study of the Case X vs. Latvia

Estefany Monteiro
article en

Abstract

In a context of continuous migratory flows and global mobility, this article analyzes the effectiveness of the Hague Convention on the Civil Aspects of International Child Abduction (CHSIC) in resolving cases of international child abduction, focusing on the best interests of the child. Initially, it discusses the functioning of the Convention as a normative framework for the expeditious return of abducted children to their habitual residence countries, highlighting its innovations and main criticisms. Subsequently, it examines the jurisprudence of the European Court of Human Rights (ECtHR), particularly exemplified in the case Latvia. Through this case, it investigates how the Hague Convention influences the protection of children's rights and its effectiveness in ensuring the return of abducted children. This integrated analysis provides a deep understanding of the practical implementation of the Convention and its effectiveness in protecting children's individual rights. It is concluded that while the Hague Convention establishes a robust mechanism for resolving cross-border disputes, its application needs to be complemented by a detailed consideration of children's individual rights, as emphasized by the ECtHR. Thus, the effective integration of this legal instrument with documents such as the United Nations Convention on the Rights of the Child (UNCRC) not only strengthens international protection of minors but also promotes a legal environment that prioritizes the well-being and unique interests of each child involved in international abduction cases.

International Journal of Law and SocietyVol. 8(1)
Openalex Percentile: Top 96%
Conflict of Laws and Jurisdiction
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