THE RESTRICTIVE INTERPRETATION OF ARTICLE 13, ‘B’, OF THE HAGUE CONVENTION AND THE PROTECTION OF MOTHERS VICTIMS OF DOMESTIC VIOLENCE

Abstract

Objective: The article critically examines the application of Article 13, “b,” of the Hague Convention on the Civil Aspects of International Child Abduction, focusing on the effects of its restrictive interpretation on the protection of mothers who are victims of domestic violence.

Methodology: The study uses a qualitative and deductive approach, based on bibliographic and documentary review, analyzing legal doctrines, international treaties, and Brazilian and foreign jurisprudence.

Results: It finds that the literal application of the treaty disregards contexts of vulnerability and perpetuates cycles of violence against women and children by failing to assess the specific circumstances of forced migration cases.

Conclusions: The study advocates for a humanized interpretation of the Convention aligned with the constitutional principles of human dignity, full protection, and the best interests of the child, ensuring effective justice and preventing the re-victimization of mothers.