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.