Applying the Principle of Best Interests to the Hague Convention on the Civil Aspects of International Child Abduction in Light of the Decisions of the European Court of Human Rights and of Turkish Courts
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Dosyalar
Tarih
2023
Yazarlar
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Yayıncı
Istanbul Univ
Erişim Hakkı
info:eu-repo/semantics/openAccess
Özet
The Hague Convention on the Civil Aspects of International Child Abduction was signed on October 25, 1980 with the aim of preventing the wrongful removal or retention [of children under 16 years of age] and to establish procedures to ensure their prompt return to the State of their habitual residence. Decisions regarding the return of a child are considered temporary and procedural, while decisions regarding custody rights are left to the courts of habitual residence. The convention states a limited number of grounds for refusal to return, and the best interest of the child does not occur among these. Despite its absence, the convention operates on the assumption that a prompt return is in children's best interests, with exceptions being provided under certain limited circumstances so as to secure the child's best interests under these exceptional situations. The convention is considered to be closely tied to Article 8 of the European Convention on Human Rights (ECHR, 1953), as it regulates children's relationships with their parents. Therefore, the convention and Article 8 of ECHR are applied together in the decisions of the European Court of Human Rights. The convention and Article 8 of ECHR have been interpreted harmoniously in some decisions, while the Court has also conducted a separate and extensive best interest principal analysis for other decisions. This paper will analyze the best interest principle in the context of the convention and in light of the decisions of the European Court of Human Rights and of Turkish court..
Açıklama
Anahtar Kelimeler
Hague Convention On The Civil Aspects Of International Child Abduction; Child's Best Interests; X V; Latvia; Neulinger And Shuruk V; Switzerland
