This chapter discusses the right to respect for ones family life and the right to marry as protected by the European Convention on Human Rights, other Council of Europe instruments, in EU law and in international instruments. Attention is also paid to topics such as adoption, legal parentage, best interests of the child and same-sex marriage. In the final section, a short comparison between the different instruments is made.

The introduction sets out the scope and objectives of the study, locating it within the relevant literature and diplomatic context of State Party negotiations over parental child abduction.

Chapter 2 examines the background, history and assumptions which underlie the 1980 Hague Abduction Convention. The chapter considers what the Convention was intended to achieve, as well as its evolution in different jurisdictions. The relationship between the 1996 Hague Convention on Jurisdiction and Measures for the Protection of Children and the 1980 Hague Abduction Convention is also addressed as the two Conventions complement each other. Examining the two Conventions side by side illuminates how Morocco, a Muslim Family Law State, adapted its domestic laws to be more in accordance with the Convention when it comes to the interests of children. The chapter also examines fully the question of whether the 1980 Hague Abduction Convention is suited to being a universal instrument. Even if more Muslim Family Law States become party to the Convention, we show why this will not lead to the Convention functioning as envisaged between, on the one hand, Muslim Family Law States and, on the other hand, European, North American, and Australasian states.

This chapter provides an insight into how certain rights of the child – the definition of child, the best interests and the hearing of the child – have been incorporated in the recently revised Brussels II bis Regulation. The focus is on the 'overriding mechanism' in child abduction cases. The article points out major flaws in the current regulation’s scheme as illustrated in relevant CJEU case law. These shortcomings may affect the level of protection of the rights of the child, as well as the fundamental right to respect for family life under the ECHR. The chapter offers a critical view on the current regulatory scheme, particularly in the light of relevant CJEU case law. With a passing reference to the Commission’s 2016 Proposal, it details how the recently revised regulation (Brussels II bis Recast) deals with the weaknesses of the current framework and assesses the appropriateness and effectiveness of the amendments, critically examining whether the revised regulation is likely to overcome the difficulties encountered.