Hague Convention of 3

January 2000 on the

International
Protection of Adults
SUBMITTED BY:
ALISHA HOODA
BA.LLB(H)
Introduction
The Hague Convention of 13 January
2000 on the International Protection of
Adults 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.
Background
The Hague Convention was adopted
by the Hague Conference on Private
International Law in 2000.
It is designed to protect vulnerable
adults who are at risk of abuse or
neglect when living in a different
country from their usual place of
residence.
The Convention covers a range of
issues, including jurisdiction,
applicable law, and cooperation
between authorities.
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..
Jurisdiction
The Convention establishes rules for
determining which country's courts
have jurisdiction in cases of cross-
border protection.
The general rule is that the courts of
the country where the vulnerable
adult is habitually resident have
jurisdiction.
However, in certain cases, the courts
of another country may have
jurisdiction.
The Convention also provides for the
recognition of protective measures
taken in another country.
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 protection measures may deal in particular with (art.
3 HC 2000) :
1. the determination of incapacity
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.
Cooperation
The Convention emphasizes the
importance of cooperation between
countries to protect vulnerable
adults.
Countries are required to cooperate
with each other in implementing
protective measures, providing
information, and taking other
necessary steps to protect
vulnerable adults.
The Convention also provides for
the exchange of information
between central authorities and the
use of videoconferencing and
other technology to facilitate
cooperation.
 Legal Aid
The Convention provides for the
provision of legal aid to vulnerable adults
who are involved in cross-border protection
cases. This ensures that vulnerable adults
have access to legal representation and can
participate effectively in legal proceedings.
The Convention also provides for the
appointment of a representative to act on
behalf of the vulnerable adult in
certain cases.
Challenges
Despite the benefits of the Hague
Convention, there are still challenges
to ensuring cross- border protection
of vulnerable adults. These include
differences in legal systems,
language barriers, and cultural
differences.
Countries must work together to
overcome these challenges and
ensure that vulnerable adults are
protected no matter where they are
living.
Impact on Vulnerable Adults

The Hague Convention has had a

significant impact on vulnerable adults
by providing a framework for
cooperation between countries to
protect them from abuse and neglect.
The Convention ensures that vulnerable
adults have access to legal
representation and that protective
measures taken in one country are
recognized in another.
The Convention also emphasizes the
importance of protecting the privacy
and dignity of vulnerable adults.
 Conclusion
The Hague Convention of 3 January 2000 on the International Protection of
Adults is a fundamental treaty that fosters a protective environment for adults
with impaired capacity. Its emphasis on respecting autonomy, using the least
restrictive measures, and ensuring international cooperation makes it an
essential tool in promoting the welfare and dignity of these vulnerable
individuals. The convention stands as a beacon of progress, guiding nations
toward a more compassionate and comprehensive approach in the international
protection of adults.
THANK YOU