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Case law of the European Court of Human Rights on international child abduction

In: Research Handbook on International Child Abduction

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  • Thalia Kruger
  • Sara Lembrechts

Abstract

The European Court of Human Rights (ECtHR) is a regional court that guards over the application of the European Convention of Human Rights (ECHR). Individuals can, after they have exhausted domestic remedies, bring a case to the Court against a Council of Europe Member State when they consider that the State has violated their rights. The Court has already issued 78 judgments in the field of international parental child abduction. Some cases were brought by the left-behind parent, and others by the taking parent. Judgments assess the alleged infringement of the right to respect for family life (Article 8 of the ECHR) or of the right to a fair trial (Art 6 of the ECHR) or both. This chapter provides an overview of the main judgments of the ECtHR and addresses the operation of the 1980 Hague Convention in light of the regional human rights framework.

Suggested Citation

  • Thalia Kruger & Sara Lembrechts, 2023. "Case law of the European Court of Human Rights on international child abduction," Chapters, in: Marilyn Freeman & Nicola Taylor (ed.), Research Handbook on International Child Abduction, chapter 10, pages 149-162, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:20040_10
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    Law - Academic;

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