Children's welfare and human rights under the 1980 Hague Abduction Convention – the ruling in Re E

Abstract

This case note examines the Supreme Court's decision in Re E (Children) (Abduction: Custody Appeal) [2011] UKSC 27; [2011] 2 WLR 1326, in particular, its analysis of the interrelationship between the 1980 Hague Convention on the Civil Aspects of International Child Abduction, the United Nations Convention on the Rights of the Child and the European Convention on Human Rights. The importance of the case lies primarily in its discussion of the European Court of Human Rights (Grand Chamber) decision Neulinger & Shuruk v. Switzerland [2011] 1 FLR 122 but also as the first Supreme Court decision to consider the interpretation of Article 13(b) of the 1980 Convention and as a useful confirmation of the Convention's compatibility with Article 3.1 of the UNCRC.

Keywords:

• International child abduction
• child's welfare
• human rights

Acknowledgements

The authors would like to thank Henry Setright QC and Professor Philip Leach for their help in writing this article.