Centre for Child Law hosts the Forum on Domestic Violence and the Operation of Article 13(1)(b) of the 1980 Child Abduction Convention

The Centre for Child Law at the University of Pretoria, Faculty of Law, hosted the hybrid Hague Conference on Private International Law (HCCH), Forum on Domestic Violence, from June 18 to 21, 2024, at the Protea Hotel in Balalaika Sandton, in collaboration with the Department of International Relations and Cooperation (DIRCO), which included the Department of Justice and Constitutional Development.

Delegates from the European Union, Belgium, Canada, Japan, the Philippines, Brazil, the United Kingdom, the United States, and South Africa attended this gathering as members of the Domestic Violence Forum's Steering Committee. The delegates were mostly judges, advocates, lawyers, children's rights advocacy groups, academic institutions, government ministries (justice cluster), embassies, and individuals with personal experience with child abduction cases.

The HCCH 91 members are designated as "National Organs" to lead, supervise, and promote the activities of the Organization, as well as Contracting Parties to HCCH Conventions, who contribute through their Central or Competent Authorities. The Hague Convention of October 25, 1980, on the Civil Aspects of International Child Abduction (1980 Hague Convention) is a multinational convention that outlines procedures for the rapid return of children who have been illegally removed or held away from their home country.

Mr John Jeffery, the outgoing Deputy Minister of Justice and Constitutional Development, addressed attendees at the conference's opening session on behalf of the ministry and South Africa, a member state. He emphasized the importance of holding the event in South Africa, stating that it highlights the country's contribution to establishing answers to global socioeconomic concerns through the use of legal structures and tools. 

Christophe Bernasconi, Secretary General of the HCCH, provided context for the gathering by outlining how the various national contributions will be used to effect meaningful change to protect children's rights, as well as to guide policy developers and implementers in their actions to effect access to justice for the vulnerable, fair policies that will promote equitable legal processes. He emphasized the importance of having institutions in place to share best practices and improve legal procedures around the globe.

On the second day of the conference, the Honourable Mandisa Muriel Lindelwa Maya, Designate Chief Justice of South Africa, addressed the delegates on the policy reforms that have been effected by the South African Government under the guidance of the Department of Justice, South African Law Schools, and in consultation with the wider legal fraternity of the country to ensure the country does not lag behind in introducing policies that will be responsive to current legal challenges.

During the HCCH DV Forum, there were extensive deliberations with participants onsite as well as those who joined online, discussing various topics ranging from key actors needed to operationalise Article 13(1)(b), unpacking the trauma caused by DV and child abduction on victims, approaches to explore when returning children who are abduction victims, including applying the 1996 Hague Child Protection Convention, mechanisms to ensure the best interests of children in family disputes, identifying future study areas, and managing data collecting on DV-related abduction cases.

The forum was an astounding success; congratulations to the Centre for Child Law, directed by Ms. Karabo Ozah, for presenting an interesting, engaging, and thought-provoking 2024 HCCH DV Forum conference on private International Law for the Advancement of Children's Rights.