Gender mainstreaming and the protection of minors in cross-border kidnapping

Authors

DOI:

https://doi.org/10.20318/cdt.2023.8078

Keywords:

international child abduction, gender violence, protection measures, best interests of the child, right to family life, human rights, CLH 1980, Brussels II ter Regulation, ECHR, ECtHR

Abstract

This study contains a careful analysis of the integration problems of gender mainstreaming in cross-border abductions motivated by gender violence. Its objective is focused on identifying the tensions that are manifested between the primary consideration of the best interests of the child, the right to family life and the “absolute right” of the child to human dignity and physical and psychological integrity enshrined in the CRC and the objectives of the CLH 1980. This contribution highlights the lack of dialogue between the different sources that involve minors in these procedures and evaluates from a critical perspective the normative, interpretative and application deficiencies in terms of gender, as well as their consequences.

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Author Biography

  • Gisela Moreno Cordero, University of Granada

     

     

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Published

2023-10-03

Issue

Section

Estudios

How to Cite

Gender mainstreaming and the protection of minors in cross-border kidnapping. (2023). CUADERNOS DE DERECHO TRANSNACIONAL, 15(2), 767-800. https://doi.org/10.20318/cdt.2023.8078