The 1996 Hague Convention on the Protection of Children - A Fresh Appraisal

Abstract

The coming into force of the 1996 Convention on the Protection of Children in January 2002 provides the occasion for a fresh appraisal. After discussing the scope of the Convention, this article discusses both its strengths and weaknesses, concentrating in particular on the jurisdictional rules, recognition and enforcement issues, its inter-relationship with the Hague Convention on the Civil Aspects of International Child Abduction 1980 and on ratification and accession issues. Whilst acknowledging some problems, the article concludes by urging its wholesale ratification.

Keywords: child law, family law, 1996 Convention on the Protection of Children, jurisdictional rules, recognition and enforcement issues, Hague Convention, accession issues