WUNRN
The Permanent Bureau (the Secretariat) of the Hague Conference
has conducted preliminary research on this topic,[2]
in order to assess whether a new international treaty (i.e., a new Hague Convention) or other
instrument should be developed to ensure the recognition and enforcement of
protection orders across international borders.....Such a new Convention or
other international co-operation in this area would seek to ensure victims of
violence and of other harmful interpersonal behaviour would be protected when
they move or travel to another country
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RECOGNITION AND ENFORCEMENT
OF FOREIGN CIVIL PROTECTION ORDERS
QUESTIONNAIRE OF JUNE 2014 FOR NON-GOVERNMENTAL ORGANISATIONS
AND OTHER EXPERTS |
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[English \/] |
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INTRODUCTION TO THE JUNE 2014 QUESTIONNAIRE
IMPORTANT: To participate in the QUESTIONNAIRE, click: http://www.hcch.net/limesurvey/index.php/625935/lang-en, pick the language of choice, and SCROLL DOWN TO BOTTOM OF PAGE and click NEXT.
In 2011 the topic of “the recognition of foreign civil protection orders made, for example, in the context of domestic violence cases” [1] was added as a new item to the work programme of the Hague Conference on Private International law (< www.hcch.net >). The Permanent Bureau (the Secretariat) of the Hague Conference has conducted preliminary research on this topic,[2] in order to assess whether a new international treaty (i.e., a new Hague Convention) or other instrument should be developed to ensure the recognition and enforcement of protection orders across international borders. Protection orders may include, for example, “no contact” and housing exclusion orders in cases of domestic violence, “stay-away” orders in cases of stalking, and other injunctions to protect victims or potential victims of harmful or criminal behaviours (e.g., human trafficking, forced marriage, female genital mutilation (FGM), harassment, sexual assault, etc.).[3] Such
a new Convention or other international co-operation in this area would seek
to ensure victims of violence and of other harmful interpersonal behaviour
would be protected when they move or travel to another country (i.e., victims would not
have to apply for a new protection order in a foreign country, among other
benefits). The
Permanent Bureau is contacting you now under a mandate to collect additional statistical
information in order to continue the assessment of the need for and
feasibility of an international instrument in this area. The
input of non-governmental organisations and other experts who have experience
in this field is invaluable. Your responses to this Questionnaire,
sharing any information you may possess based on expertise you or your
organisation may have, is an extremely valuable contribution to the on-going
assessment. The
Permanent Bureau kindly requests that you complete the Questionnaire (in
either English or French or Spanish) as soon as possible, but in any case by 30
September 2014,
in order to allow the Permanent Bureau sufficient time to analyse information
received for the attention of the governing Council of the Hague Conference
that will meet in March or April of 2015. Should
you have any questions about this Questionnaire, please do not hesitate to
contact Ms Maja Groff, Senior Legal Officer, at
< secretariat@hcch.net >. We are grateful for your
time and assistance on this important project. Pour accéder à la version française du Questionnaire,
sélectionnez « Français » dans le menu déroulant en haut de page. Para acceder a la versión en español del cuestionario,
seleccione la opción 'Español' en el menú desplegable al principio de la
página. Please
note: -
You can save your response to this Questionnaire at any time by pressing the
“resume later” button on the bottom left-hand corner of your screen. You will
be asked to create a name and password which you will then need to re-enter
when you wish to resume your response. -
If you wish to return to a previous question when completing this
Questionnaire, you should press the ‘previous’ button at the bottom of the
page and not the back button in your web browser. -
For any technical questions concerning the completion of this Questionnaire,
please contact Mr Stuart Hawkins (IT Support / Paralegal Assistant) by
e-mail: sh@hcch.nl . [1] Conclusion and
Recommendation No 23 of the 5-7 April 2011 Meeting of the Council on General
Affairs and Policy of the Conference (available on the Hague Conference
website at < www.hcch.net > under “Work in Progress” then
“General Affairs”). [2] Background
information on this topic can be found in the “Protection Orders Project” section
of the Hague Conference website, including previous Member responses to the 2012 Questionnaire,
responses to a previous informal non-governmental organisation
questionnaire, and preliminary analysis documents drafted by the
Permanent Bureau in 2012, 2013 and 2014 (available on the Hague
Conference website at < www.hcch.net > under “Specialised sections,”
then “Protection Orders Project”). [3] Please see Prel.
Doc. No 7 of March 2012 for the attention of the Council of April 2012 on
General Affairs and Policy of the Conference (available at ibid.) for examples of
common protection order legal regimes and variations of these regimes in a
variety of jurisdictions. There
are 18 questions in this survey. |
