| Analysis |
The claim of the parents consists of two parts, one of which is dismissed because the parents did not exhaust all domestic remedies. The other part concerns the fact that the authorities did not return the child. Interestingly, in a case against the Netherlands, the Commission had found that when authorities do return the child to their parents, they are not in violation of the Convention and in particular, the right to private life of the child. In this case, the Commission finds that the authorities, however, do not have a positive obligation to return the child.
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