Fifth Conference on the HCCH Children’s Conventions as Bridges between Civil / Common Law and Islamic Law (Malta V)
From 24 to 27 September 2024, the HCCH and the Government of Malta co-hosted the Fifth Conference on the HCCH Children’s Conventions as Bridges between Civil / Common Law and Islamic Law (Malta V) (see Conclusion and Decision No 30 of CGAP 2024).
The conference was organised within the framework of the Malta Process, initiated by the HCCH in 2004 to facilitate dialogue and promote cooperation among States with civil, common, and Shari’a-based legal systems in complex trans-frontier family conflicts. Over time, the Malta Process has expanded to include not only parental child abduction and access rights but also broader child protection matters and child support. It now encompasses discussions on these issues under the 1980 Child Abduction, 1996 Child Protection, and 2007 Child Support Conventions.
Malta V brought together over 130 participants, representing HCCH Members, non-Member States, intergovernmental organisations, international non-governmental organisations, and independent experts. Over the course of four days, participants engaged in an open, constructive dialogue on the promotion of effective cross-border cooperation for the resolution of family conflicts involving children, facilitated by the guiding framework of the 1980 Child Abduction, 1996 Child Protection, and 2007 Child Support Conventions.
The conference was divided into sixteen sessions, most of them consisting of a discussion by a panel of speakers with relevant expertise and/or experience followed by a Q&A session. The subjects covered included the Malta Process; the UN Convention on the Rights of the Child and the HCCH Children’s Conventions; parental responsibility, custody and guardianship and the principle of the best interests of the child under the 1980 and 1996 Conventions; kafala and the 1996 Convention; key judicial decisions rendered in cross-border child abduction and child protection matters involving civil / common law and States with Shari’a law; the International Hague Network of Judges (IHNJ); mediation in child abduction cases; and the Working Party on Mediation. There was also a session dedicated to the process of joining and implementing the HCCH Children’s Conventions aimed at prospective Contracting Parties. In addition, participants engaged in group discussions covering hypothetical cases from two different angles: when a relevant HCCH Convention is applicable and when it is not. The conference concluded with a discussion on next steps in the Malta Process and the presentation of the Declaration for Malta V.
The Permanent Bureau of the HCCH is grateful to the Government of Malta for its hospitality and generous support of Malta V, as well as to the Governments of the Netherlands and the United Kingdom for their voluntary contributions towards the conference.
More information on Malta V is available on the HCCH website.