Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction – Recent Developments, Current Status and Challenges
Dr Gérardine Goh Escolar First Secretary European Parliament | Policy Department for Citizens’ Rights and Constitutional Affairs Workshop for the Committee on Legal Affairs | 16 November 2020
14th Diplomatic Session Changes in the Global Landscape in the Last 40 Years Exponential increase in cross-border travel
Air Transport, Passenger Carried (1975-2020) 2020 2017 2014 2011 2008 2005 2002 1999 1996 1993 1990 1987 1984 1981 1978 1975 0 1000 2000 3000 4000 5000 MILLIONS
Passengers
Data from database: World Development Indicators Global expatriate dual citizenship International migrant population
Source: IOM World Migration Report 2020 1 in every 30 people in the world is a migrant In 2019, out of a global population of 7.7B, 272M were international migrants.
Source: UN DESA, 2019 Current status of the HCCH 1980 Child Abduction Convention Widely-ratified Convention
101 Contracting Parties
3rd most ratified HCCH Convention
1980 1985 1990 1995 2000 2005 2010 2015 2020 Widely-ratified Convention
Most ratified HCCH Convention among Members
76 of 85 HCCH Member States are Parties Global reach
Contracting Parties from all continents Continual increase in number of applications
Number of applications reported (return and access), 1999-2015 2500
2000
1500
1000
500
0 1999 2003 2008 2015 Year Total number of return applications Total number of access applications 2,997 children abducted annually = 425% the number of MEPs in the European Parliament Number of return applications and children involved
2015 . 2,270 return applications* . 965 applications sent to court
(48% of all those where the outcome was known)
*17% of all return applications where the outcome was known ended in voluntary returns
Applications with a judicial decision
66% 65%
61% 2003 2008 2015 2015 . 2,270 return applications*
. 2,997 children 34%
. 965 applications 29% sent to court 28%
(48% of all those where the outcome
was known)
6% 5% *17% of all return 5% applications where the outcome was known ended in voluntary returns RETURN REFUSAL ACCESS OR OTHER AGREEMENT Average number of days to reach a final outcome
2015 . Quicker than in 2008, but more slowly than in 2003 and 1999 179 days on average to reach a decision in court, compared to . 286
206 days in 2008 245
1999 2003 233
2008 2015
166
158
147
125
121
108
107
98 84
VOLUNTARY RETURN JUDICIAL RETURN JUDICIAL REFUSAL Europe: Brussels Regulations cases compared to global return applications
0 500 1000 1500 2000 2500
1961 Global Total 2270
Cases where only 985 the requested State Received by Brussels IIa States is a Brussels II a 1161 State
Cases where both the 706 requested and Brussels Regulations Cases requesting States are 830 Brussels II a States
2008 2015 Recent Developments Post-Convention follow-up: Special Commissions Guides to Good Practice
International Hague Network of Judges - IHNJ
Miami, FL October 2018 The Malta Process: Participating States Challenges Increasing ratification numbers & its challenges Improving compliance Keeping the interpretation of the Convention relevant Continuing relevance of the Convention Responding to crises Example: Assertions related to the Covid-19 pandemic raised in relation to abduction cases
The Convention in the context of international law The next 40 years Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction – Recent Developments, Current Status and Challenges
Dr Gérardine Goh Escolar First Secretary European Parliament | Policy Department for Citizens’ Rights and Constitutional Affairs Workshop for the Committee on Legal Affairs | 16 November 2020