GIACOMO OBERTO

GIACOMO OBERTO Judge at the Court of Turin Deputy Secretary General of the International Association of Judges

INTERNATIONAL CONVENTIONS IN THE FIELD OF FAMILY LAW^(*)

"Comme les peuples se rapprocheront enfin dans les principes de la Politique et de la morale (.), toutes ces causes qui produisent, enveniment, perpétuent les haines nationales, s'évanuiront peu à peu."

(Condorcet, Progrès de l'esprit humain, 126. [L'entente des nations]. Esquisse, 10^e époque).

Table of Contents

Table of Contents: (a) Introductory Remarks

1. International Legal Instruments Concerning Family Law and Child Protection. The Role of the Council of Europe.

(b) Adoption. Legal Status of Illegitimate Children.

2. The European Convention on the Adoption of Children (Strasbourg, 24 April 1967). General Purposes of the Instrument.
3. The European Convention on the Adoption of Children (Strasbourg, 24 April 1967). Commentary on its Essential Provisions. The Adopted Children. Form of the Adoption and Parents' Consent.
4. The European Convention on the Adoption of Children (Strasbourg, 24 April 1967). Commentary on its Essential Provisions. The Adopters.
5. The European Convention on the Adoption of Children (Strasbourg, 24 April 1967). Commentary on its Essential Provisions. Enquiries by Competent Authority. Effects of the Adoption.
6. The Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (The Hague, 29 May 1993). General Purposes of the Instrument.
7. The Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (The Hague, 29 May 1993). Outlines of the relevant provisions.
8. The European Convention on the Legal Status of Children Born out of Wedlock (Strasbourg, 15 October 1975).

(c) Custody and Abduction of Children: Rights of the Child vs. Family Breakdown.

9. The European Convention on Recognition and Enforcement of Decisions Concerning Custody of Children and on Restoration of Custody of Children (Luxembourg, 20 May 1980).
10. The Hague Convention on the Civil Aspects of International Child Abduction (The Hague, 25 October 1980).
11. The Hague Convention on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations (2 October 1973) and the Hague Convention on the Law Applicable to Maintenance Obligations (2 October 1973).

(d) General Conventions on the Rights of Children.

12. The United Nations Convention on the Rights of the Child (New York, 20 November 1989).
13. The European Convention on the Exercise of Children's Rights (Strasbourg, 25 January 1996).
14. The Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (The Hague, 19 October 1996).

(e) Personal and Pecuniary Relations between Spouses.

15. The Convention on Celebration and Recognition of the Validity of Marriages (The Hague, 14 March 1978).
16. The Convention on the law applicable to matrimonial property regimes (The Hague, 14 March 1978).
17. The Convention on the Recognition of Divorces and Legal Separations (The Hague, 1 June 1970).
18. The Convention on Jurisdiction and the Recognition and Enforcement of Judgements in Matrimonial Matters (Brussels, 28 May 1998 - "Brussels II Convention").

(f) Conclusion. Towards a single European "Judicial Space" in Civil Matters?

19. Further Developments in the Field of Judicial Co-operation as regards Family Law in EU Countries.
20. Proposals for Council Regulations in the Fields of Civil Matters and Family Law.

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(*) Paper for the Seminar on "International Judicial Assistance in Civil Matters", organised by the Council of Europe, ABA/CEELI and Judicial Training Center of Moldova. The seminar has been held in Chisinau (Republic of Moldova), on 2-4 December 1999. This article can be found in hypertextual version on the Web at the following URL: <https://www.giacomooberto.com/conventions/report.htm>.

The author wishes to thank herewith Judge Luisa Bianchi Bonomo for the assistance and information provided. All addresses of Web sites referred to in this work have been verified as existing on 10 November 1999.