Гаагская конвенция о международном похищении детей: защита интересов ребенкаили пренебрежение ими

Abstract

The paper analyses provisions of Convention on the Civil Aspects of International Child Abduction with regard to a principle of the best interests of the child. The jurisprudence of the European Court of Human Rights on the best interests of the child dictates they should be interpreted broadly and cannot be identified by the application of the legal presumption. There is therefore a potential conflict between this reading and a narrow interpretation of this notion by the Hague convention according to which the best interest of the child in the case of international abduction is to return to the state of habitual residence. To secure the best interests of the child while applying Hague convention it is necessary to take into consideration respective international standards.