Hague Conference | International Centre for Judicial Studies and Technical Assistance

 

hague conference | international centre
for judicial studies and technical assistance

The International Centre for Judicial Studies and Technical Assistance was established in 2007 by the Hague Conference on Private International Law to promote and support the delivery of assistance and training on the Hague Conventions to government and legal officials around the world.

Over the years, the Hague Conference has been developing and servicing these multilateral Conventions which respond to global needs in three key areas: international protection of children and families, international legal co-operation and litigation and international commercial and financial law.

As an integral part of the Hague Conference, the Centre aims to provide greater understanding and consistent application of the Hague Conventions by delivering specialised training programmes and customised technical assistance. These programmes continue to succeed in creating a mutual understanding of legal cultures, building legal and administrative capacity and reinforcing the rule of law and good governance.

Together, the Hague Conference and its Centre are leaders in the field of private international law, working towards greater legal security for citizens of the world.

Providing local solutions for international problems 

Globalisation has resulted in an increasing number of personal and family or commercial situations connected with more than one country and impacted by differences between legal systems.  The Hague Conventions are at the forefront of responding to these situations by providing practical solutions through workable legal and administrative frameworks. The Hague Conventions are concerned with issues that affect the daily lives of millions of people around the world such as international family law, intercountry adoption of children and cross-border litigation.

Over the past 20 years, the number of Member States of the Hague Conference has almost doubled and now represents over 4.5 billion citizens. Currently, there are almost 130 States that are party to one or more Hague Conventions - majority of which are developing States or States in transition.  As more and more States see the value of participating in the Hague Conventions and becoming part of the powerful networks of authorities, there is a growing demand from governments for specialist training and technical assistance.

Solid partnerships, experienced professionals

The Centre draws on the expertise of the Hague Conference and its vast international network of highly qualified experts in private international law. The Centre mobilises this expertise to provide assistance which is customised to meet the needs of individual states or particular regions recognising diversity in legal traditions. Programmes are delivered through cost-effective and innovative delivery models including intensive in-country development activities, regional forums and, training activities for judicial and government officials.

The Centre has established a number of solid working partnerships with many international and non-government organisations, such as UNICEF, to benefit from local experience and networks in developing activities.

International co-operation for the protection of children and families

One of the Centre's highly successful programmes is the Intercountry Adoption Technical Assistance Programme (ICATAP), which provides assistance to certain States prior to, or on joining, the 1993 Hague Convention on Intercountry Adoption. The Convention establishes a system of co-operation between authorities in States, designed to ensure that intercountry adoption takes place under conditions which help to guarantee good practices and eliminate abuses. Under the Convention, a number of obligations are placed on States from which adoptable children originate to ensure the protection and safe adoption of children. ICATAP aims to empower and build capacity in these States, mostly developing countries, to implement domestic and international policies and frameworks which meet these obligations for protection. The UN Committee on the Rights of the Child now regularly recommends States to join the 1993 Hague Intercountry Adoption Convention and to seek technical assistance from the Hague Conference.

In partnership with individuals and organisations on the ground, ICATAP develops solutions to address local needs. Assistance might involve providing advice on legislation, structural organisation and capacity building; identifying and overcoming bad adoption practices; and, training people involved in the adoption procedure and in the child protection system in general. Two significant ICATAP projects, in Guatemala and Cambodia, have produced positive results.

Guatemala

ICATAP experts worked intensively with Guatemalan authorities to approve and implement new legislation consistent with international treaties, including the 1993 Hague Convention, and also eliminating ‘private' adoptions which were a source of many abuses.

Since work under ICATAP commenced, the situation in Guatemala has drastically changed. Previously, approximately 5,000 healthy babies were adopted abroad each year, while children in need of adoption remained in institutions.  Now, only children in need are adopted abroad and so the number of children for adoption has significantly decreased to reflect the real situation in Guatemala. Domestic adoption is also being developed. The risk of trafficking children for adoption has significantly reduced as a result of the continued work under ICATAP.

Cambodia

In 2008, the Cambodian Government sought ICATAP assistance to properly implement the 1993 Hague Convention.

In addition to technical support, ICATAP facilitated an International Advisory Group of concerned States to support the Cambodian Government in its transition to a Hague-compliant adoption system. The Cambodian Government has accepted a number of recommendations made by the Advisory Group.

This provides a promising base for ICATAP to continue work, in collaboration with international experts in intercountry adoption, to build the capacity of the Cambodian authorities to protect children in Cambodia from exploitation.

The Centre also provides technical assistance and training to States in relation to the 1980 Hague Convention on International Child Abduction and the 1996 Hague Convention on Child Protection. These Conventions provide an international framework of judicial and legal co-operation to protect children in transfrontier situations. Experts from the Centre work with States to identify needs and develop a programme of activities typically targeted to government or judicial officials.

Future direction

To meet the ever increasing demand for assistance, the Centre seeks to enhance its capacity. In the coming years, the Centre aims to continue expanding the delivery of its activities in a wide range of countries. The primary focus of work will continue to be on the needs of developing States or States in transition in the field of the protection of children and families, reinforcing the rule of law and good governance, and capacity building. To achieve this, the Centre needs support in terms of increased core funding for operations as well as specific project funds. Given the mutual benefit to all States Parties of improved operation and implementation of the Hague Conventions, it is in the interest of Member States of the Hague Conference, in particular, to support and contribute to the development assistance activities of the Centre.

For more information contact:

Mr Hans van Loon,
Secretary General

Ms Frederike Stikkelbroeck,
Director, International Centre for Judicial Studies and Technical Assistance


Hague Conference on Private International Law
Scheveningseweg 6, 2517 KT THE HAGUE, Netherlands
Tel.: +31 (70) 363 3303, Fax: +31 (70) 360 4867
E-mail: secretariat@hcch.net, Website: http://www.hcch.net