| Abstract [eng] |
The master‘s thesis reveals the concept of international child abduction and the specific reasons for its occurrence, and discusses international documents that establish standards for the protection of children‘s rights. Accordingly, the legal regulation concerning international child abduction is examined. The thesis analyzes the case-law of the European Court of Human Rights in order to determine how the Court ensures the protection of children‘s enshrined in international legal instruments. The compatibility between the jurisprudence of the European Court of Human Rights and international legal acts regulating the protection of children rights is also discussed. It was established that the Court’s practice and international legal instruments, when necessary, complement each other in the field of ensuring the protection of children’s tights, thereby enabling more effective implementation of child protection in cases of international child abduction. Considering national court practice and statistics, the final chapter of the master’s thesis discusses the issue of the prompt return of the child and the consequences of failing to ensure a prompt return for the child’s best interests. Taking into account the difficulties faced by national courts in adopting a decision within the prescribed six-week period while simultaneously ensuring the child’s rights and interests, the thesis proposes considering possibilities for improving legal regulation and practice. Although the 6-week time limit for making a decision on the return of a child, as provided for in the 1980 Hague Convention on the Civil Aspects of International Child Abduction, should directly ensure the rights of the child in international child abduction cases and implement the objectives of the aforementioned Convention, making decision within the prescribed time limit seems difficult for national courts to implement. Changing and extending the 6-week time limit could be one of the solutions to better ensure the rights of children in international child abduction cases and, accordingly, implementing the objectives of the Convention. In addition to extending the 6-week time limit provided for in the Convention, it is proposed to apply complex, combined measures, since in this way, it is believed that international child abduction cases would be investigated faster and more efficiently, which directly correlates with the protection and assurance of the interests of the rights of the child. |
