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29 SEP 2010

ABDUCTION: Neulinger and Shuruk v. Switzerland (Application no. 41615/07)

(European Court of Human Rights, 6 July 2010)

There would be a violation of the Article 8 rights of mother and child if the order for the child to be returned to Israel under the Hague Convention was enforced. In balancing the competing interests, the best interests of the child must be the primary consideration, and therefore a child's return cannot be ordered automatically or mechanically when applying the Hague Convention in conformity with the ECHR.

The European Court can review the domestic court's decisions to see that Art 8 has been respected. The Court would take into account developments since the return order was made and look at the situation at the date of enforcement.


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