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Permanent Court of International Justice

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Français

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.

Institution of proceedings

Written proceedings

Rejoinder submitted by the Government of the Kingdom of Sweden
(French version only)

25 August 1958
Available in:
French

Oral proceedings

Verbatim record 1958

Minutes of the Public Sittings held at the Peace Palace, The Hague, from September 25th to October 4th and on November 28th, 1958, the President, M. Klaestad, presiding
Available in:
Original Language

Orders

Order of 19 August 1957

Fixing of time-limits: Memorial and Counter-Memorial
Available in:
English French Bilingual

Order of 17 April 1958

Fixing of time-limits: Reply and Rejoinder
Available in:
English French Bilingual

Judgments

Summaries of Judgments and Orders

Summary 1958/1

Summary of the Judgment of 28 November 1958
Available in:
English French

Press releases

Press release 1957/17

10 July 1957
The Government of the Kingdom of the Netherlands files an Application instituting proceedings against the Government of the Kingdom of Sweden
Available in:
English French

Press release 1957/18

21 August 1957
Application of the Convention of 1902 Governing the Guardianship of infants (Netherlands v. Sweden) - The Court fixes the date of expiry of the time-limits for the filing of the first two pleadings
Available in:
English French

Press release 1958/9

27 August 1958
Application of the Convention of 1902 Governing the Guardianship of infants (Netherlands v. Sweden) - The hearings will begin on September 25th, 1958
Available in:
English French

Press release 1958/11

24 September 1958
Application of the Convention of 1902 Governing the Guardianship of infants (Netherlands v. Sweden) - Representatives of the Parties at the hearings
Available in:
English French

Press release 1958/13

25 September 1958
Application of the Convention of 1902 Governing the Guardianship of infants (Netherlands v. Sweden) - Hearing of September 25th, 1958
Available in:
English French

Press release 1958/14

26 September 1958
Application of the Convention of 1902 Governing the Guardianship of infants (Netherlands v. Sweden) - Sittings of September 26th, 1958
Available in:
English French

Press release 1958/15

29 September 1958
Application of the Convention of 1902 Governing the Guardianship of infants (Netherlands v. Sweden) - Hearing of September 29th, 1958
Available in:
English French

Press release 1958/16

30 September 1958
Application of the Convention of 1902 Governing the Guardianship of infants (Netherlands v. Sweden) - Sittings of September 30th, 1958
Available in:
English French

Press release 1958/17

1 October 1958
Application of the Convention of 1902 Governing the Guardianship of infants (Netherlands v. Sweden) - Sitting of October 1st, 1958
Available in:
English French

Press release 1958/18

3 October 1958
Application of the Convention of 1902 Governing the Guardianship of infants (Netherlands v. Sweden) - Hearings of October 3rd, 1958
Available in:
English French

Press release 1958/19

4 October 1958
Application of the Convention of 1902 Governing the Guardianship of infants (Netherlands v. Sweden) - Hearing of October 4th, 1958
Available in:
English French

Press release 1958/30

24 November 1958
Application of the Convention of 1902 Governing the Guardianship of infants (Netherlands v. Sweden) - The Court will read its Judgment on Friday, November 28th, 1958
Available in:
English French

Press release 1958/31

28 November 1958
Application of the Convention of 1902 Governing the Guardianship of infants (Netherlands v. Sweden) - Judgment
Available in:
English French

Correspondence

Correspondence

9 July 1957
Correspondence
Available in:
English French