There is a provision in the Hague Convention on the Civil Aspects of International Child Abduction, that allows a requested state to refuse to return a child that has been wrongfully removed or wrongfully retained. Under Article 20, a state does not have to return a child if the requesting state violates basic principles of human rights and fundamental freedoms. This means that once a child has been removed from a country that is unsafe or violates their basic human rights such as freedom from molestation, mutilations, torture etc., the “safe country” does not have to return the child if their court deems it in the child’s best interests.

 Article 20

The return of the child under the provisions of Article 12 may be refused if this would not be permitted by the fundamental principles of the requested State relating to the protection of human rights and fundamental freedoms.