The Ministry of Justice of Ukraine has proposed updates to the mechanisms for implementing the Convention on the Civil Aspects of International Child Abduction, which has been in effect in the country since 2006. The agency presented a draft resolution for the Cabinet of Ministers that includes amendments to the current procedure for realizing the provisions of the Convention.
This is reported by Kyiv24
Involvement of the Free Legal Aid System
One of the key proposals from the Ministry is to establish a legislative basis for involving the free legal aid system in the representation of foreign applicants in Ukrainian courts. This will allow lawyers and staff from free legal aid centers to participate in cases related to the return of children or ensuring access to them in accordance with the Convention.
“This will ensure proper representation in court for foreign applicants who apply under the Convention.”
Improving the Mechanism for Protecting Children’s Rights
The Ministry explains that it previously handled the representation of foreign applicants’ interests in courts. Now, with the development of the free legal aid system, these functions are planned to be transferred to specialists from the relevant centers, which is expected to enhance the effectiveness of protecting children’s rights.
The draft resolution also includes a number of targeted changes aimed at improving interaction between the Ministry of Justice and the free legal aid centers, protecting the personal data of participants in the process, and expanding the list of grounds for terminating the processing of applications regarding the return or access to a child.
The Ministry emphasizes that the adoption of these changes complies with the requirements of Ukrainian legislation and the international obligations of the state, and will also contribute to the further development of the mechanism for protecting children’s rights in cases of international abduction.
The Convention on the Civil Aspects of International Child Abduction aims to ensure the “immediate return of children wrongfully removed to or retained in any Contracting State.”