Three Patterns, One Law - Plea for a Reinterpretation of the Hague Child Abduction Convention to Protect Children from Exposure to Sexism, Mysogyny and Violence against Women

Pfeiffer M. a kol. (eds). Liber Amicorum Monika Pauknerova. Praha: Wolters Kluwer, 2021, pp. 363-393.

34 Pages Posted: 26 Jul 2021 Last revised: 15 Feb 2022

See all articles by Ilaria Pretelli

Ilaria Pretelli

Swiss Institute of Comparative Law

Date Written: June 28, 2021

Abstract

The 1980 Hague Convention must be read today in light of the 2011 Istanbul Convention that brings to full light that violence against women is a world-wide phenomenon, and “one of the most serious forms of gender-based violations of human rights in Europe that is still shrouded in silence”. The perspective proposed by this paper allows to break the silence and solve the conundrum of the dilemma on how the return mechanism should operate in practice, in order to ensure full compliance with the best interests of the child. Sexism, misogyny and violence against women may be the premise of child abductions carried out by taking fathers, permeated with a sexist culture, but also by taking mothers fleeing violence. The solution proposed here consists in re-establishing the original distinction of the 1980 Convention, between illicit transfers of a child’s residence and child abductions in the true sense.

Keywords: child abduction, parental kidnapping, relocation, conflict of laws, private international law, international family law, family mediation

JEL Classification: K00, K14, K33, K36, K42

Suggested Citation

Pretelli, Ilaria, Three Patterns, One Law - Plea for a Reinterpretation of the Hague Child Abduction Convention to Protect Children from Exposure to Sexism, Mysogyny and Violence against Women (June 28, 2021). Pfeiffer M. a kol. (eds). Liber Amicorum Monika Pauknerova. Praha: Wolters Kluwer, 2021, pp. 363-393., Available at SSRN: https://ssrn.com/abstract=3875244 or http://dx.doi.org/10.2139/ssrn.3875244

Ilaria Pretelli (Contact Author)

Swiss Institute of Comparative Law ( email )

Lausanne, CH-1015
Switzerland

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