Autore:
Di Lorenzo, Nadia Titolo:
SOTTRAZIONE INTERNAZIONALE E DIRITTI FONDAMENTALI DEL FANCIULLO IN UNA RECENTE PRONUNCIA DELLA CORTE EUROPEA DEI DIRITTI DELL'UOMOPeriodico:
Ordine internazionale e diritti umaniAnno:
2014 - Fascicolo:
1 - Pagina iniziale:
112 - Pagina finale:
122With this paper the Author aims to underline the importance of the ECtHR
judgment in the case X v. Latvia.
This judgment represents a further step towards the affirmation of the principle that
there is a violation of the Article 8 of the ECHR in a case where the national decision,
allowing the abduction of a child, is consistent with the letter of the Hague Convention on
the Civil Aspects of the International Child Abduction but is not respectful of the principle
of the best interest of the child, assessed in the concrete case in question.
In X v. Latvia the Court considered that there was a violation of the ECHR, since
the Latvian courts had not complied with the procedural requirements of Article 8, because
they had refused to take into consideration an arguable allegation of a “serious risk” to the
child in the event of her return to the country of origin.
The Author explores also the prior ECtHR case-law on the matter, where the Court
stopped its control over the conformity of the national judgment to the Convention on the
Civil Aspects of the International Child Abduction at a formal level (so called “extrinsic
control”).
In this paper the Author also notes that the Court considered that the ECHR and the
Hague Convention on the Civil Aspects of International Child Abduction had to be
applied in a combined and harmonious manner. Furthermore, the system of protection of
the best interest of the child should be based on a conventionally oriented reading of the
Hague Convention
SICI: 2284-3531(2014)1<112:SIEDFD>2.0.ZU;2-H
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