Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

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

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

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.

Affiliations: 1: Professor of Public Law, European and Public International Law, Faculty of Law, University of Zürich, Zürich, Switzerland; Judge, European Court of Human Rights; 2: PhD candidate, Faculty of Law, University of Zürich, Zürich, Switzerland, corina.heri@uzh.ch

Loading

Full text loading...

/content/journals/10.1163/15718107-08402006
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/15718107-08402006
Loading

Article metrics loading...

/content/journals/10.1163/15718107-08402006
2015-06-01
2018-07-23

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Nordic Journal of International Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation