Publication details
Does the European Convention system envisage children as humans to be served by the European Court of Human Rights? Searching for the best interests of the child at the ECtHR
| Authors | |
|---|---|
| Year of publication | 2024 |
| MU Faculty or unit | |
| Citation | |
| Description | The first part will be about the procedural status of children in ECHR proceedings and the impossibility to take into account the best interest of the child when this best interest has not been argued by his/her litigating parent before the national courts (my concurring opinion in Mirzoyan v. Czech Republic, No. 15117/21). The second part will be about the hesitation between respect for the Hague Convention on the Civil Aspects of International Child Abduction and examples of possible conflict with the best interests of the child in its implementation, especially when children are indirect victims or witnesses of domestic violence (the dissenting opinion of Judge Martins Mitts on VERHOEVEN against FRANCE No. 19664/20; Analysis of European Parliament from November 2020 – 40 years of the Hague Convention on child abduction: legal and societal changes in the rights of a child). In the third part I want to introduce the topic of the complexity of the factual search for the best interests of the child by an international court. The first part will be about the procedural status of children in ECHR proceedings and the impossibility to take into account the best interest of the child when this best interest has not been argued by his/her litigating parent before the national courts (my concurring opinion in Mirzoyan v. Czech Republic, No. 15117/21). The second part will be about the hesitation between respect for the Hague Convention on the Civil Aspects of International Child Abduction and examples of possible conflict with the best interests of the child in its implementation, especially when children are indirect victims or witnesses of domestic violence (the dissenting opinion of Judge Martins Mitts on VERHOEVEN against FRANCE No. 19664/20; Analysis of European Parliament from November 2020 – 40 years of the Hague Convention on child abduction: legal and societal changes in the rights of a child). In the third part I want to introduce the topic of the complexity of the factual search for the best interests of the child by an international court. The first part will be about the procedural status of children in ECHR proceedings and the impossibility to take into account the best interest of the child when this best interest has not been argued by his/her litigating parent before the national courts (my concurring opinion in Mirzoyan v. Czech Republic, No. 15117/21). The second part will be about the hesitation between respect for the Hague Convention on the Civil Aspects of International Child Abduction and examples of possible conflict with the best interests of the child in its implementation, especially when children are indirect victims or witnesses of domestic violence (the dissenting opinion of Judge Martins Mitts on Verhoven against Framce No. 19664/20; Analysis of European Parliament from November 2020 – 40 years of the Hague Convention on child abduction: legal and societal changes in the rights of a child). In the third part I want to introduce the topic of the complexity of the factual search for the best interests of the child by an international court. |