Application of the Convention of 1902 Governing the Guardianship of Infants (Netherlands v. Sweden)

OVERVIEW OF THE CASE

The Swedish authorities had placed an infant of Netherlands nationality residing in Sweden under the régime of protective upbringing instituted by Swedish law for the protection of children and young persons. The father of the child, jointly with the deputy-guardian appointed by a Netherlands court, appealed against the action of the Swedish authorities. The measure of protective upbringing was, however, maintained. The Netherlands claimed that the decisions which instituted and maintained the protective upbringing were not in conformity with Sweden’s obligations under the Hague Convention of 1902 governing the guardianship of infants, the provisions of which were based on the principle that the national law of the infant was applicable. In its Judgment of 28 November 1958, the Court held that the 1902 Convention did not include within its scope the matter of the protection of children as understood by the Swedish law on the protection of children and young persons and that the Convention could not have given rise to obligations in a field outside the matter with which it was concerned. Accordingly, the Court did not, in this case, find any failure to observe the Convention on the part of Sweden.


This overview is provided for information only and in no way involves the responsibility of the Court.

Institution of proceedings


Written proceedings

25 August 1958
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Oral proceedings

Verbatim record 1958 (bilingual version)
Minutes of the Public Sittings held at the Peace Palace, The Hague, from September 25th to October 4th and on November 28th, 1958, the President, M. Klaestad, presiding
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Orders

Fixing of time-limits: Memorial and Counter-Memorial
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Fixing of time-limits: Reply and Rejoinder
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Judgments


Summaries of Judgments and Orders

Summary of the Judgment of 28 November 1958
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Press releases

10 July 1957
The Government of the Kingdom of the Netherlands files an Application instituting proceedings against the Government of the Kingdom of Sweden
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21 August 1957
Application of the Convention of 1902 Governing the Guardianship of infants (Netherlands v. Sweden) - The Court fixes the date of expiry of the time-limits for the filing of the first two pleadings
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27 August 1958
Application of the Convention of 1902 Governing the Guardianship of infants (Netherlands v. Sweden) - The hearings will begin on September 25th, 1958
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24 September 1958
Application of the Convention of 1902 Governing the Guardianship of infants (Netherlands v. Sweden) - Representatives of the Parties at the hearings
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25 September 1958
Application of the Convention of 1902 Governing the Guardianship of infants (Netherlands v. Sweden) - Hearing of September 25th, 1958
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26 September 1958
Application of the Convention of 1902 Governing the Guardianship of infants (Netherlands v. Sweden) - Sittings of September 26th, 1958
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29 September 1958
Application of the Convention of 1902 Governing the Guardianship of infants (Netherlands v. Sweden) - Hearing of September 29th, 1958
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30 September 1958
Application of the Convention of 1902 Governing the Guardianship of infants (Netherlands v. Sweden) - Sittings of September 30th, 1958
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1 October 1958
Application of the Convention of 1902 Governing the Guardianship of infants (Netherlands v. Sweden) - Sitting of October 1st, 1958
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3 October 1958
Application of the Convention of 1902 Governing the Guardianship of infants (Netherlands v. Sweden) - Hearings of October 3rd, 1958
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4 October 1958
Application of the Convention of 1902 Governing the Guardianship of infants (Netherlands v. Sweden) - Hearing of October 4th, 1958
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24 November 1958
Application of the Convention of 1902 Governing the Guardianship of infants (Netherlands v. Sweden) - The Court will read its Judgment on Friday, November 28th, 1958
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28 November 1958
Application of the Convention of 1902 Governing the Guardianship of infants (Netherlands v. Sweden) - Judgment
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Correspondence

9 July 1957
Correspondence
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