Hague Convention

The Hague Convention of 13 January 2000 on the International Protection of Adults (HC 2000; SR 0.211.232.1) is a multilateral instrument which determines in international situations the jurisdiction to take measures directed to the protection of the adult, the applicable law, the recognition and enforcement of such measures and the international cooperation necessary for the implementation of measures directed to the protection of adults who are not in a position to protect their interests.

Objects

The objects of the Convention are (art. 1 HC 2000):

  1. to determine the State whose authorities have jurisdiction to take measures directed to the protection of the person or property of the adult;
  2. to determine which law is to be applied by such authorities in exercising their jurisdiction;
  3. to determine the law applicable to representation of the adult;
  4. to provide for the recognition and enforcement of such measures of protection in all Contracting States;
  5. to establish such co-operation between the authorities of the Contracting States as may be necessary in order to achieve the purposes of this Convention.

When does it apply

The HC 2000 applies to the protection in international situations of persons upon completion of their 18th year who, by reason of an impairment or insufficiency of their personal faculties, are not in a position to protect their interests (art. 1 HC 2000). The HC 2000 only applies to measures taken in a State after the Convention has entered into force for that State (art. 50 HC 2000).

The HC 2000 rules that the judicial or administrative authorities of the Contracting State of the habitual residence of the adult have jurisdiction to take protection measures  (art. 5 HC 2000), but also provides several subsidiary grounds of jurisdiction as well as a mechanism for transferring jurisdiction.

The protection measures may deal in particular with (art. 3 HC 2000) :

  1. the determination of incapacity and the institution of a protective regime;
  2. the placing of the adult under the protection of a judicial or administrative authority;
  3. guardianship, curatorship and analogous institutions;
  4. the designation and functions of any person or body having charge of the adult's person or property, representing or assisting the adult;
  5. the placement of the adult in an establishment or other place where protection can be provided;
  6. the administration, conservation or disposal of the adult's property;
  7. the authorisation of a specific intervention for the protection of the person or property of the adult.

The Convention does not apply to (art. 4 HC 2000) :

  1. maintenance obligations;
  2. the formation, annulment and dissolution of marriage or any similar relationship, as well as legal separation;
  3. property regimes in respect of marriage or any similar relationship;
  4. trusts or succession;
  5. social security;
  6. public measures of a general nature in matters of health;
  7. measures taken in respect of a person as a result of penal offences committed by that person;
  8. decisions on the right of asylum and on immigration;
  9. measures directed solely to public safety.

Contracting States

The list of Contracting States can be found on the website of the Hague Conference.

Links

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