Sanctuary for Families hosted a groundbreaking expert panel discussion in parallel with CSW69, focused on the 1980 Hague Convention on International Child Abduction and its problematic application to survivors of domestic violence fleeing abuse.
On Tuesday, March 11, Sanctuary for Families hosted a groundbreaking expert panel discussion in parallel with the 69th session of the Commission on the Status of Women (“CSW”), an annual two-week session hosted by UN Women. The Sanctuary event, Beyond Borders: Strengthening the Hague Convention for Domestic Violence Survivors, focused on the 1980 Hague Convention on International Child Abduction (the “Convention”) and its problematic application to survivors of domestic violence fleeing abuse. As far as we are aware, it was the first CSW parallel event to address the intersection between the Convention and domestic violence.
This panel was organized by Sanctuary’s Narkis Golan International Child Abduction Initiative, a new Sanctuary project aimed at improving outcomes for domestic violence survivors in Hague Convention litigations. The project primarily serves mothers fleeing domestic violence to protect themselves and their children. The project provides crucial support to clients through screenings, pro se advice and assistance, and connecting clients with pro bono attorneys across the U.S.
The Hague Convention and Its Limitations
The Hague Convention on the Civil Aspects of International Child Abduction was established over forty years ago to ensure the prompt return of children wrongfully removed or retained across international borders. Its intent was to protect children from the harms of international abduction; it has never been updated to address cases where a parent flees across borders to escape domestic violence.
A key provision within the Convention is the Article 13(b) “grave risk” exception. This defense allows a parent to argue that returning the child to their home country would expose them to physical or psychological harm or place them in an intolerable situation. However, proving this defense can be complex and challenging, specifically for protective mothers who are seeking refuge from domestic abuse and who often have no money to hire an experienced attorney to help them assert the complicated defense.
Panel Discussion: Addressing the Gaps in the Convention
The panel brought together renowned experts to evaluate the Convention’s failure to protect survivors of domestic violence and their children adequately. These experts proposed best practices and solutions to improve the implementation of the Convention, specifically for fleeing mothers seeking safety and protection.
The panelists included:
- Reem Alsalem, UN Special Rapporteur on Violence Against Women and Girls, who has been instrumental in raising awareness of the difficulties faced by Hague Mothers.
- Adrienne Barnett, Professor of Family Law at Brunel University, London, who focuses on family law and the Hague Convention, among other areas.
- Janaína Albuquerque Azevedo Gomes, Legal Coordinator at REVIBRA Europe, a dual-qualified lawyer practicing in Brazil and Portugal, with expertise in cross-border family law.
- Maria Jose Vallejo Manzur, Director of the Bi-National Project of Family Violence at Texas Rio Grande Legal Aid, a dual-qualified lawyer practicing in the U.S. and Mexico.
- Merle H. Weiner, Professor at the University of Oregon School of Law, who has extensively written on the impact of the Convention on domestic violence survivors.
Key Discussion Topics
The panelists began by addressing the foundational issues with the Convention in the context of domestic violence. Topics included the history and goals of the Convention, the challenges of the “Grave Risk of Harm” defense, unequal access to justice, and the issue of protective mothers being perceived as “abductors.” The gender dynamics present in these cases were also explored, shedding light on how the legal framework often fails to consider the realities of domestic violence and its effect on mothers.
The panelists also discussed the concept of protective measures, which in theory are supposed to help survivors and their children safely return to the left-behind country. They emphasized the practical difficulties domestic violence survivors face in trying to enforce these measures, as well as the fact that the measures often fall far short of the protection they and their children need to truly mitigate the risk of further physical and/or psychological harm. The second half of the conversation shifted to the human rights implications in Hague domestic violence cases. The panelists shared insights from their respective jurisdictions and examined the broader human rights concerns at play.
The panel concluded with an analysis of potential solutions, such as the need for updates to the Convention’s Guide to Good Practice, improved and more accessible legal support for Hague mothers, and increased awareness both domestically and internationally about the unique challenges Hague mothers/survivors and their children face.
Sanctuary extends our deep gratitude to Latham & Watkins LLP, a long-time Sanctuary pro bono partner, for providing the venue, lunch and phenomenal event services team without which this panel discussion would not have been a success.
If you are a survivor of gender-based violence and need an intake and consultation related to a Hague Convention case, please email GolanInitiative@sffny.org
