The European Court of Human Rights and the Best Interests of the Child in the Recent Case Law on International Child Abduction
The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction is an effective instrument for protecting the rights of families in the case of child abduction. It creates a jurisdictional mechanism in order to promote the swift return of a child wrongfully removed from his place of habitual residence, on the general presumption that the prompt return of a removed child objectively corresponds to the best interests of the child. Although the case law of the European Court of Human Rights has generally encouraged national courts to maintain a strict application of the Hague Convention in ascertaining the contrast with the prohibition of interference in private and family life contained in Art. 8 of the ECHR, in the Neulinger case the Grand Chamber gave a different interpretation, on the basis of the prominence of the principle of the best interests of the child. This case and other more recent judgments by the European Court, for some authors, could potentially harm the functionning of the Hague Convention. A protocol to the Hague Convention, as has already been envisaged, could probably be beneficial to ensure that the Hague Convention can still continue to function effectively in the future, as long as it is based on the prominence of the principle of the best interests of the child over all other considerations.
A Defence of the Established Approach to the Grave Risk Exception in the Hague Child Abduction Convention
The Hague Convention on the Civil Aspects of International Child Abduction is now in force in 81 states.1 It provides a practical remedy for a person whose custody rights have been violated by anyone else removing the child from its habitual residence. The defining feature of the Convention, which has been pivotal to its success, is the innovative summary return mechanism it employs. This is embodied in Article 12 which provides that where there has been a wrongful removal or retention and a period of less than one year has elapsed, “the authority concerned shall order the return of the child forthwith”. The Convention is not concerned with the recognition and enforcement of custody decisions. Instead it is concerned with custody rights. Article 3 provides that a removal or retention is wrongful when it is in breach of custody rights.2 The Convention’s simple procedural nature, which does not permit a court in the requested state to enter into an analysis of the merits of the custody dispute, is the main reason it has attracted widespread ratification and accession. The welfare test, which places paramount importance on the best interests of the individual child at issue, is excluded and instead there is a presumption in favour of the return of the child. Beaumont and McEleavy have observed that “It is the interests of children collectively that the Convention seeks to further by returning wrongfully removed children to their home environment.”3 The explanatory report written by Perez-Vera asserts that in providing for the return December 2008 Journal of Private International Law 443
Australian social work research on ageing and aged care: A scoping review
Summary Little is known about the quantity, nature and range of Australian social work research on ageing and aged care. This scoping review involved a comprehensive search of seven online bibliographic databases. The review identified 108 peer-reviewed journal articles, published between January 2007 and June 2014, that reported Australian social work research on ageing and aged care. Findings The average number of authors per paper was 2.10 with most social work researchers co-authoring papers with non-social workers. The main topics of research focus were health and rehabilitation, elder abuse, asset management, community services and caregiving, housing and residential aged care, and ageing with an intellectual disability. The findings highlight the contribution social work researchers make to multidisciplinary gerontological research, and to understanding the lived experiences of older people and the provision of services. However, they also point to the relative paucity of research focusing on direct social work practice with older people, and the little evidence of the participation of older people and carers in the design and delivery of research. Applications The findings indicate the need for capacity-building strategies, such as developing networks of Australian social work researchers on ageing and aged care, to improve research outputs in this area.