Making the Interests of the Child Paramount: Representation for Children in the Hague Convention on the Civil Aspects of International Child Abduction

Authors

• Elizabeth Pitman, Benjamin N. Cardozo School of Law

Abstract

The Hague Convention on the Civil Aspects of International Child Abduction, while innovative in addressing child welfare, fails to ensure children's independent representation in proceedings, undermining their ability to voice their interests. This Note advocates for amending the Convention to require legal representation for children in all cases, aligning it with the United Nations Convention on the Rights of the Child (CRC), which guarantees children the right to express their views in judicial proceedings. The absence of such representation leads to incomplete records and inadequate protection of children's best interests, as highlighted by cases like Arianna Adan. Ensuring independent representation would address ethnocentric biases and elevate the Convention's commitment to children's rights.

Disciplines

Courts | International Law | Law

Recommended Citation

Elizabeth Pitman, Making the Interests of the Child Paramount: Representation for Children in the Hague Convention on the Civil Aspects of International Child Abduction, 17 Cardozo J. Int'l & Comp. L. 515 (2009).
Available at: https://larc.cardozo.yu.edu/cjicl/vol17/iss3/7