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Doc. 9250
8 October 2001
To combat child abduction
Motion for a resolution
presented by Mr Laakso and others
This motion has not been discussed in the Assembly and commits only the members who have signed it |
1. In accordance with Article 8 of the European Convention on Human Rights everyone has the right to respect for his private and family life. The protection of family life concerns also contacts between a child and his/her parents and respect for the right of a child’s custodian. In the case law of the European Convention on Human Rights, this article has been interpreted to presuppose positive actions by the contracting parties in order fulfil these rights. In accordance with Article 5 of the Additional Protocol No. 7 to the Convention on Human Rights, the spouses have equal rights and obligations of private law character law with respect to one another and their children when engaging in marriage, during marriage and in the event of its dissolution.
2. The main aim of the human rights provisions concerning children is to protect the rights of the child. International child abductions are a violation against a child’s interest, as the domicile and living conditions of the child are altered without permission, even preventing completely or restricting the contacts and mutual relations between the child and his/her other parent. Simultaneously, the guardian rights of the mother or the father, who has lost her or his child have been violated.
3. According to Article 11 of the United Nations Convention on the Rights of the Child, the States Parties shall take measures to combat the illicit transfer and non-return of the children abroad. The aim of The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction is the rapid return of an abducted child. All Council of Europe member countries have not signed this Convention and do not recognise or implement decisions concerning child custody made in another Council of Europe member countries, even if such a decision is recent and in accordance with the interests of the child. The authorities and the courts do not even always carry out the decisions and regulations issued by their own courts. The return of a child has often been difficult and prolonged especially in cases, where a child has been abducted into a country which is not a contracting party to The Hague Convention.
4. The consequences of child abduction, especially the hiding and isolation of a child from his or her custodian, are in violation of the right to contacts and relations between parents and their children and custody rights as referred to in Article 8 of the ECHR and the equality between spouses in their relations with their children as stated in Article 7 of the Additional Protocol No. 7 of the ECHR. The process of return and protection of the rights of a child in various Council of Europe member countries take too often an unreasonably long time.
5. The Parliamentary Assembly of the Council of Europe is concerned with an increase in the number of child abductions carried out by one of the parents both in Council of Europe member states and elsewhere in the world. The Parliamentary Assembly cannot accept under any conditions the illicit transfer of a child, nor the failure to return an illegally removed child.
Taking into account the above circumstances, the Assembly decides to study in depth the problem with a view to preparing a recommendation for measures to be taken by the Committee of Ministers to find new legal and administrative solutions to this problem.
Signed : 1
Laakso, Finland, UEL
Kautto, Finland, SOC
Isohookana-Asunmaa, Finland, LDR
Luhtanen, Finland, SOC
Elo, Finland, SOC
Jäätteenmäki, Finland, LDR
Ojuland, Estonia, LDR
Schieder, Austria, SOC
Atkinson, United Kingdom, EDG
Lörcher, Germany, SOC
1 SOC: Socialist Group
EPP/CD: Group of the European People’s Party
EDG: European Democratic Group
LDR : Liberal, Democratic and Reformers’ Group
UEL: Group of the Unified European Left
NR: not registered in a group