The first meeting of the Special Commission to review the practical operation of the HCCH 2000 Protection of Adults Convention will be held today in The Hague and will last until 11 November 2022. This event is remarkable given that this is the first time that the practical operation of this Convention is assessed since its entry into force on 1 January 2009.
A few topics of the agenda are worthy of note. I would like to highlight two:
The first topic deals with the tools to assist with the implementation of the 2000 Convention and is broken down as follows:
- Improving accessibility to the existing model forms
- Direct judicial communications and a possible network of judges under the 2000 Protection of Adults Convention. See here.
- Finalisation and adoption of the Practical Handbook on the Operation of the 2000 Protection of Adults Convention
- Finalisation and adoption of the Implementation Checklist under the 2000 Protection of Adults Convention
- Finalisation and adoption of the 2000 Protection of Adults Convention Country Profile
The second topic and undoubtedly fascinating to any international lawyer – if only with regard to treaty law – is the agenda item: Possible amendments to the 2000 Convention. For more information, click here. This agenda item contains the following sub-items:
- Interest in deleting the terms “guardianship” and “curatorship” (Art. 3(c))
- Interest in adding a new conflict rule for “ex lege representation”
- Interest in adding a provision on “instructions given and wishes made by the adult e.g. advance directives”
- Interest in adding final clauses allowing Regional Economic Integration Organisation to join the 2000 Convention
- Possible mechanisms to amend the 2000 Convention