Remedies for the infringment of the international instruments regarding the international child abduction

Abstract

The 1980 Hague Convention and Regulations 2201/2003 and 2019/1111 offer solutions for cases of international child abduction. However, when there is a breach of these instruments, there is a lack of effective mechanisms to restore the rights of children, parents and other people involved. This work analyses the causes of these difficulties and the different mechanisms that can be used to achieve the correct application of these instruments and, where appropriate, the declaration of non-compliance. Mechanisms based on communication between authorities, guides and recommendations, as well as the possibility of going to the ECHR, as well as other channels regulated by public international law, are considered.