HAGUE CONVENTION: VIOLATION OF THE RIGHT OF PERSONALITY AND THE PRINCIPLE OF THE BEST INTEREST OF THE CHILD IN CASES OF DOMESTIC VIOLENCE

Abstract

The study aims at the Hague Convention on the Civil Aspects of International Child Subtraction, presenting the context of its creation, its objectives and the exceptions provided for in the legal text of the Convention. Still, the object of study is to analyze the violation of the principle of the best interest of the child by not framing domestic violence as an exception to the return of the child to the country of habitual residence, and this principle is the guiding principle for the application of the 1980 Convention. From this, it is questioned the safeguarding of the rights of personality and interest of the child in cases of domestic violence against the parent. Thus, using the deductive reasoning and bibliographical survey, we conclude the need for interpretive evolution of article 13, § 1, b of the Convention so that it can guarantee the best interest of the child in cases of domestic violence.