Parlamento Europeo - Estudios sobre el Convenio de La Haya de 1980 sobre los aspectos civiles de la sustracción internacional de menores

El Parlamento Europeo ha encargado y publicado dos estudios sobre el Convenio de La Haya de 1980 sobre los aspectos civiles de la sustracción internacional de menores:

- "40 years of the Hague Convention on child abduction: legal and societal changes in the rights of a child".

Author: AdrianaDE RUITER, Lawyer, Tulp Abogados. Chair of the Board of ASIME, the Spanish organisation for lawyers against International Child Abduction. Associate partner with LEPCA I and LEPCA II.

This in-depth analysis has been commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee in the context of the workshop to mark the 40th Anniversary of the Hague Convention on the Civil Aspects of International Child Abduction. It looks into the implementation of the 1980 Convention, as regards the respect of autonomy of parts, validity of agreements and mediation, and describes, from a practitioner’s point of view, how the parents and children see the process. The paper concludes that in order to protect the interest of the child, the 1980 Convention should be maintained with restricted exceptions, but more should be done in terms of prevention. The new measures should include, in particular, harmonisation of the relocation proceedings and principles, enforceability of mediation agreements, and increasing of the autonomy of the parties through the inclusion of residence and custody plans in prenuptial agreements.

Texto en lengua inglesa [aquí].

 

- "The Child Perspective in the Context of the 1980 Hague Convention" 

Author: Professor Marilyn FREEMAN Ph.D, Co-Director of the International Centre for Family Law, Policy and Practice (ICFLPP), Chair of the International Association of Child Law Researchers (IACLaR), and Principal Research Fellow at The Westminster Law School, University of Westminster, London.

This in-depth analysis, commissioned by the Policy Department for Citizens’ Rights and Constitutional Affairsat the request of the Committee on Legal Affairs in the context of the Workshop to mark the 40th Anniversary of the Hague Convention on the Civil Aspects of International Child Abduction, examines the way in which subject children feature within Convention proceedings. It considers the aims of the Convention, and the lack of supranational control of its application. It draws on empirical research relating to the effects and consequences of child abduction to discuss the opportunities for children and young people to participate within Convention proceedings, and highlights the international obligations for such participation within the United Nations Convention on the Rights of the Child, The Charter of Fundamental Rights of the European Union, and other regional instruments. Different jurisdictional approaches are explained, and the role of culture in this context is probed. The impact of COVID-19 on abducted children is also explored.

Texto en lengua inglesa [aquí].