La sottrazione internazionale di minori

30 years after its adoption, the CRC is still the cornerstone instrument for the protection of children at global level. Aim of this chapter is to consider the CRC’s effet utile in cases of international child abductions, the number of which – despite the intensification of judicial cooperation at international and regional level – unfortunately does not seem to diminish. The CRC interaction with other sources of international and European law aimed at granting the immediate return of the abducted child to the State of previous habitual residence is firstly considered. Specific attention is given to the reaction of the latter sources of law to the “human rights test” and to the effects deriving in applying, interpreting and also recasting the mentioned sources of law. Where, on the contrary, specific instruments for the return of the child are not in force, the chapter considers whether Article 9 of the CRC protecting the fundamental right of the child to have regular contacts with both parents together with other provisions of the CRC shall be interpreted as having “direct effect” and, therefore, as imposing on the States a real duty of adopting a pro-active behavior in order to grant the return of the child to the place of habitual residence. From the above, it results that the CRC plays a crucial and growing role in the protection of abducted children.