The fifth defense under the Hague Convention on the Civil Aspects of Child Abduction to a return petition by a left-behind parent is that a return would violate the protection of human rights and fundamental freedoms (the Article 20 defense).

This is frequently used in the cases of international child custody disputes where domestic violence and spousal abuse have been present. In those cases where an abducting parent has fled a violent and abusive enviroment, to force a return under the Hague Convention on the Civil Aspects of Child Abduction would be to make someone choose their own safety over that of their child’s relationship with an abusive parent, a parent who is possbily abusing that same child.

This section also deals with issues of due process and notice, under the fundamental freedoms penumbra.