Publication details
Nejlepší zájem dítěte při rozhodování o navrácení dítěte dle Haagské úmluvy o civilních aspektech únosů dětí ve světle lidsko-právních závazků ČR
| Title in English | The Best Interest of the Child in the return procedures under the Hague Convention on International Chidl Abduction in the light of Human Rights Obligations of the Czech Republic |
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| Authors | |
| Year of publication | 2014 |
| Type | Article in Periodical |
| Magazine / Source | Právní rozhledy |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | abduction; human rights interpretation; international treaty; pacta sunt servanda |
| Description | This paper suggests that time is ripe to reconsider the attitude towards returns of children under the Hague Convention on International Child Abduction. Best interest of a child is achieved pursuant to this convention if the immediate return is ordered. However, the stereotypical and blank return of children may be contrary to their best interests, which are protected by the UN Rights of the Child Convention and the European Convention on Human Rights. The way how to reconcile different concepts of the “best interest of the child“ under these conventions is systemic interpretation, i. e. in light of the other two conventions, of the reasons for refusal of the return of a child under the Hague Convention. The rationale behind this is twofold. First, the principle pacta sunt servanda commands that all applicable international obligations be applied simultaneously so far as possible. Second, where possible, the conflict among obligation should be resolved through interpretation. This paper suggests that time is ripe to reconsider the attitude towards returns of children under the Hague Convention on International Child Abduction. Best interest of a child is achieved pursuant to this convention if the immediate return is ordered. However, the stereotypical and blank return of children may be contrary to their best interests, which are protected by the UN Rights of the Child Convention and the European Convention on Human Rights. The way how to reconcile different concepts of the “best interest of the child“ under these conventions is systemic interpretation, i. e. in light of the other two conventions, of the reasons for refusal of the return of a child under the Hague Convention. The rationale behind this is twofold. First, the principle pacta sunt servanda commands that all applicable international obligations be applied simultaneously so far as possible. Second, where possible, the conflict among obligation should be resolved through interpretation. |
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