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13 Right to Respect for Family Life and the Rights of the Child: International Child Abduction

James J. Fawcett, Máire Ní Shúilleabháin, Sangeeta Shah

From: Human Rights and Private International Law

James Fawcett, Máire Ní Shúilleabháin, Sangeeta Shah

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 20 January 2022

Subject(s):
Family law — Children — Marriage — EU Rules — Traditional rules — Judgments and orders

This chapter discusses the impact of the right to respect for family life and children’s rights on the private international law on child abduction. The case law of the ECtHR and ECJ in child abduction cases suggests that these courts have sought to achieve a harmonious interpretation of the relevant rules of private international law and applicable human rights law. Clashes of obligations have been avoided, with both courts suggesting that the Hague Child Abduction Convention and Brussels II bis regimes seek to achieve the same aims as the rights to respect for family life, as well as the rights of the child. Indeed, Brussels II bis explicitly recognises human rights and sets out specific mechanisms for protecting the rights of the child and its parents.

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