Supreme Court, Section I, Order No. 37833 of 2022: Reflections on International Child Abduction
The recent order of the Supreme Court, No. 37833 of 2022, provides an important opportunity to reflect on the delicate issues of international child abduction and the protection of human rights. The ruling concerns the case of A.A., a mother of two minors, who was ordered to return them to Ecuador, despite her reports of domestic violence. This complex situation highlights the rights that need to be protected and the norms to be applied, invoking both the Hague Convention of 1980 and the Istanbul Convention.
The legal context of the ruling
The Court examined A.A.'s appeal against the decree of the Juvenile Court of Catanzaro that had ordered the return of the minors to Ecuador, emphasizing the illegality of the transfer from the mother. The Court found the mother's concerns about potential risks to the minors' safety upon return to be unfounded, not adequately considering the facts of domestic violence she reported.
The judge must consider any instances of domestic violence in the context of international child abduction.
Violations and human rights
The crux of the matter lies in the necessity to safeguard the best interests of the child, as established by the Hague Convention. However, the Court highlighted that the Tribunal did not sufficiently investigate the reports of domestic violence and the potential psychological consequences for the minors. Article 13 of the Hague Convention states that the return of the child may be denied if there is a well-founded risk of physical or psychological harm. The Tribunal's decision did not take these aspects into account, leading the Court to deem a new evaluation necessary.
Conclusions and future prospects
The Court accepted A.A.'s appeal, overturning the contested decree and remanding the case to the Juvenile Court of Catanzaro for a complete reassessment. This ruling represents a victory not only for A.A. but also for all victims of domestic violence. It is crucial that the competent authorities carefully consider the aspects of violence in custody disputes to avoid further harm to the minors involved. The adequate protection of the rights of minors and victims of violence must be a priority, ensuring that judicial decisions are always oriented towards their well-being and safety.
