1. BUILDING AN INTERNATIONAL CHILD PROTECTION SYSTEM & The Hague 1996 Child Protection Convention
Georgetown, Guyana 14, 2016
Ignacio Goicoechea
Representative for Latin America and the Caribbean
Hague Conference on Private International Law

2. WHY BUILD AN INTERNATIONAL CHILD PROTECTION SYSTEM?

3. General background Globalization
Constant increase of situations where the effective protection of children requires coordinated actions of more than one “National Child Protection System”
Examples:
i) cross border family conflicts (custody, access, relocation, abduction, filiation, child support);
ii) Victims of trafficking and abuse (abandonment, domestic violence, sexual exploitation, sale, etc.)
iii) non accompanied children (children institutionalized abroad; children that are being deported)
iv) international placements and intercountry adoptions.

4. Limitations of national child protection systems
jurisdiction to intervene
access to justice for the parties (legal representation, interpretation, etc.)
access to foreign law
service of process and taking of evidence abroad
recognition and enforcement of protective measures
locate family, provide social services, etc.

5. Remedy: develop international cooperation
Objective
articulate cooperation among the different national child protection systems.
Tools
International conventions, to provide the legal basis for such cooperation (global, regional and bilateral, levels available).
International networks provide the means to make it efficient.
Judges Networks
Central Authorities & Contact points

6. Giving effect to Human Rights
1989 UN Convention on the Rights of the Child
Articles 9(3) and 10(2) UNCRC Children whose parents do not live together have the right to stay in contact with both parents, except where contrary to the child’s best interests
Child Abduction & Child Protection Conventions
Article 11 UNCRC States Parties shall take measures to combat the illicit transfer and non-return of children abroad (promotes conclusion of bilateral or multilateral agreements or accession to existing agreements)
Child Abduction Convention
Article 21 UNCRC For adoption, the best interests of the child shall be the paramount consideration (promotes conclusion of bilateral or multilateral agreements, which ensure that the placement of the child in another country is carried out by competent authorities)
Adoption Convention
Article 27(4) UNCRC States Parties shall take all appropriate measures to secure the recovery of maintenance for the child (promotes accession to international instruments or the conclusion of such agreements)
Child Support Convention
Article 35 UNCRC States Parties shall prevent abduction of, sale of, or traffic in children (requiring all appropriate national, bilateral and multilateral measures to be taken)
Child Abduction, Adoption & Protection Conventions

7. The Hague Children Conventions
25 October 1980 Convention on the Civil Aspects of International Child Abduction (Child Abduction Convention) – 95 Contracting States
29 May 1993 Convention on Protection of Children and Co-operation in respect of Intercountry Adoption (Intercountry Adoption Convention) – 96 Contracting States
19 October 1996 Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children (Child Protection Convention) – 44 Contracting States
23 November 2007 Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (Child Support Convention) – 33 Contracting States

8. Challenges: the long path for the convention to protect a child…
Operators of the Convention are trained in its use
The Convention benefits children
Development of an International Convention
The State decides to incorporate the Convention
State adjusts its legal system to implement the Convention
State becomes party to the Convention
Prospective users are informed about the existence and benefits of the Convention

9. THE HAGUE 1996 INTERNATIONAL CHILD PROTECTION CONVENTION

10. 1996 Child Protection Convention
Objectives (Preamble, Art. 1):
Provide for the better protection of children in cross-border situations
Avoid conflicts between legal systems in decisions concerning child protection – all PIL aspects covered: jurisdiction, applicable law, recognition and enforcement, cooperation
Does not seek to regulate national laws and procedures on parental responsibility or placement of children
Confirms that the best interests of the child is paramount when it comes to child protection

11. Situations covered by the 1996 convention
1) Cross border family disputes (custody, access, relocation, parental responsibility).
2) International Child Abduction.
3) Unaccompanied children.
4) Victims of trafficking and abuse.
5) International placements.

12. Unaccompanied children & victims of trafficking and abuse
Benefits provided by the 1996 Convention
CAs shall provide assistance in discovering the whereabouts of a child (Art. 31(c)).
CAs shall provide report on the situation of the child (Art. 32).
Authorities in Contracting States where the child is present can take urgent measures of protection with effect in any State (Art. 11).
The competent authorities of a Contracting State may request the authorities of another Contracting State to assist in the implementation of measures of protection taken under this Convention (art. 35)
Measures of protection taken by the authorities of a Contracting State shall be recognised by operation of law in all other Contracting States (Art. 23).

13. The hague 1996 convention has been recommended:
As a way of implementing the CDN Convention (Children Rights Committee – General Observation Nº 5 General implementation measures(CRC/GC/2003/5). October 3, 2003 (In the Annex to this observation, the Committee encourages the ratification of the 1996 Convention)
For the protection of unaccompanied minors (International Social Service – Fact Sheet - Special Series on Unaccompanied Minors)
For the placement of children abroad in foster care or institutional care (“United Nations Guidelines for the alternative care of children -par. 138-)
As a complement to the 1980 Child Abduction and 1993 Intercountry Adoption Conventions (Special Commissions meetings that review the operation of these Conventions)

14. MANY THANKS ! Ignacio Goicoechea
Representative for Latin America and the Caribbean
Hague Conference on Private International Law