Post Neulinger danger : to what extent has the Private International Law Sense of the Hague Abduction Convention 1980 been eroded?

Abstract

Through its summary return mechanism, the Hague Abduction Convention 1980 has served as the backbone deterring instances of child abduction as well as being a medium through which in the eventuality of such abduction, the prompt return of the child to its State of habitual residence, can be secured. .Nevertheless, the inevitable interplay between human rights law, and the Hague Convention has somewhat disrupted the uniform and strict manner in which Hague Abduction cases have been interpreted. The paper examines the ground-breaking judgment of Neulinger and Shuruk v. Switzerland, together with subsequent case-law of the European Court of Human Rights with the aim of establishing the effects of such judgments, particularly, the extent to which Article 8 of the European Convention on Human Rights and the best interests standard have influenced the interpretation of the Hague Convention in child abduction cases. An analysis is also undertaken as to determine whether such influences still leave application for the Hague Convention and a place for its traditional, automatic return mechanism in a modern, 21st century world.