Formalism and fundamental rights: a maze
BrouillonA recent decision by the Cour de cassation is a reminder of the importance of striking the right balance between formal requirements and respect for fundamental rights. A father applied to the Mauritian authorities for the return of his children, who had been abducted by their mother and taken to France. Despite recognising that the non-return was unlawful, the application was rejected because of the risk of physical or psychological danger.
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