The Inter-American Commission on Human Rights (IACHR) has commended Guyana on the passage, on June 5, of the International Measures for the Protection of Children (Hague Convention) Act 2025.
This new law aims to incorporate into domestic law the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children.
“The passage of this legislation reflects Guyana’s commitment to strengthening international legal cooperation and ensuring effective protection for children in cross-border contexts, such as in situations of custody, visitation, intercountry adoptions and other protection measures,” IACHR said in a release.
This law empowers the minister responsible for children’s services to establish a central authority for receiving and processing requests for international legal cooperation related to child protection, ensuring direct communication with authorities in other countries, and promoting the speedy enforcement of foreign decisions related to custody and visitation, which reduces bureaucratic obstacles and ensures greater protection for children.
It also internalises rules to determine which court should decide on custody and protection cases and which legislation governs the process, avoiding conflicts of jurisdiction and providing greater predictability and legal certainty to the families involved.
IACHR explained that the 1996 Hague Convention is a relevant international instrument that aims to ensure the effective protection of the rights of children in cross-border contexts, such as custody disputes, intercountry adoptions, and the definition of parental responsibilities. It establishes clear criteria for determining the applicable law and the competent judge to decide on protection measures, ensuring legal certainty and uniformity in the application of the rules.
Likewise, it promotes direct international cooperation between designated central authorities, reducing bureaucracy and speeding up judicial and administrative procedures, in line with the principle of the best interests of the child, which demands quick and effective responses to safeguard their rights.
In addition to Guyana, 11 other states in the region have ratified the convention: Barbados, Belize, Costa Rica, Cuba, Ecuador, El Salvador, Honduras, Nicaragua, Paraguay, the Dominican Republic, and Uruguay. In 2025, the convention entered into force for El Salvador (July 1, 2025) and will soon enter into force in Belize (October 1, 2025).
“These steps indicate significant progress in the universalisation of the Convention in the Americas. In this sense, the IACHR welcomes the progress made by Argentina, Canada, and the United States that have signed the convention, and encourages them to continue with their internal procedures with a view to its prompt ratification,” the release said.
The protection of children is at the core of the 1996 Hague Convention, whose ratification by OAS member states contributes to promoting effective legal cooperation and expeditious mechanisms for the recognition and enforcement of foreign judgments. This, in turn, helps reduce procedural obstacles and ensures greater legal predictability. Against this backdrop, the IACHR strongly urges other member states that have not yet done so to evaluate their adherence to this relevant legal instrument.
