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<p>The right of the child to be heard and to participate in civil proceedings concerning them is a consolidated acquisition of children’s rights law, which also applies to international child abduction proceedings subject to the 1980 Hague Convention and, eventually, EU law. At the same time, granting participation rights in the context of return proceedings may present more difficulties which are connected with their nature, purpose and rapidity needs. The ECtHR had never expressly stated a general obligation for national authorities to consider the opportunity to hear children in return proceedings, stemming from Article 8 ECHR, until the case <i>M.P. and others</i> v <i>Greece</i>. This article analyses the implications of this judgment for international child abduction proceedings.</p>

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Procedural safeguards in international child abduction cases: cutting-edge case law with a focus on M.P. and others v Greece

  • 期刊论文

  • 发表日期：

    2026年7月21日

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  • Francesca Maoli

摘要

The right of the child to be heard and to participate in civil proceedings concerning them is a consolidated acquisition of children’s rights law, which also applies to international child abduction proceedings subject to the 1980 Hague Convention and, eventually, EU law. At the same time, granting participation rights in the context of return proceedings may present more difficulties which are connected with their nature, purpose and rapidity needs. The ECtHR had never expressly stated a general obligation for national authorities to consider the opportunity to hear children in return proceedings, stemming from Article 8 ECHR, until the case M.P. and others v Greece. This article analyses the implications of this judgment for international child abduction proceedings.