What Human Rights do for Children - RightsInfo

What Human Rights do for Children

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Children
2003
Europe

Four children were protected from their mum’s partner

Related European Convention Articles

Children were sexually and physically abused by their mother's partner. Social services failed to discover the problem and prevent abuse. A judge decided they had been treated inhumanely and their right to private/family life was breached. They were entitled to compensation.

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    Children
    2012
    UK

    A child’s surgery happened despite mum’s objection

    Related European Convention Articles

    A child was prescribed chemo- and radiotherapy after brain surgery. His mother refused to consent to the treatment. A court decided that the treatment was in the child's best interests and ordered it to go ahead.

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    TOP 50
    50 Cases
    2014
    UK

    The police can’t keep you on their database for ever

    Related European Convention Articles

    Two people wanted minor crimes committed years ago (shoplifting a packet of fingernails; stealing a bike aged 11) to be removed from the national police database, as it was stopping them getting jobs. Their privacy had been breached and the law was changed.

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      Children
      2006
      UK

      Abducted children’s views on staying in the UK matter

      Related European Convention Articles

      A Romanian mother brought her child to the UK. His father objected. The removal was not unlawful and the child wanted to stay in the UK. The child's views were taken into account and he was permitted to stay.

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        Children
        2007
        Europe

        Children of all races must have equal access to education

        Related European Convention Articles

        Disproportionate numbers of Roma children were placed in special schools. This breached their right to access to primary education and their right not to be discriminated against on racial grounds.

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          Children
          1989
          Europe

          Care leavers can access their child care records

          Related European Convention Articles

          A care leaver wanted access to care records to establish whether he had grounds to complain of ill-treatment whilst in care. He was not permitted to see the entire file. This breached his right to respect for private life.

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            Children
            1987
            Europe

            Denying parents access to their children must be reviewable

            Related European Convention Articles

            Parents of children in care were denied access to their children. The parents were not informed of nor invited to the conference at which this decision was made. The judges said the authority's decision to terminate access must be reviewable by a tribunal.

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              Children
              2001
              Europe

              Birth parents must be involved in childcare decisions

              Related European Convention Articles

              A four-year-old girl was taken into care and placed for adoption following allegations of abuse. Her mother was not consulted on the care plan and succeeded in her claim that this breached her right to a family life.

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                Children
                2015
                UK

                Disabled children still entitled to benefits in hospital

                Related European Convention Articles

                A child’s disability benefit was taken away because he was in hospital for more than 84 days. This was discrimination and took no account of the fact that his family actually incurred additional costs while caring for him in hospital.

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                  Children
                  2011
                  UK

                  Children’s rights are better protected in immigration detention

                  Related European Convention Articles

                  Asylum seekers and their children were detained in an immigration detention centre. Their detention was found to be unlawful and breached their rights to liberty and privacy / family life.

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                  Children
                  2012
                  UK

                  Removing the governmental task force set up to protect children was unlawful

                  Related European Convention Articles

                  The Government failed to set up the Child Poverty Commission, as required by Parliament, to advise on the preparation of child poverty strategy. This was unlawful.

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                  Children
                  2001
                  UK

                  Families who foster children should be paid the same as other carers

                  Related European Convention Articles

                  A family who were fostering children within the family successfully challenged the council policy to pay them less than non-family foster carers.

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                  Children
                  2012
                  UK

                  Children’s identities are usually kept secret in personal injury cases

                  Related European Convention Articles

                  A child was involved in a personal injury case. The child's identity was kept a secret, to ensure her compensation was protected from those who might misuse the funds. Publication would breach her right to privacy / family life.

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                  Children
                  1987
                  Europe

                  Birth parents have the right to challenge childcare decisions

                  Related European Convention Articles

                  A mother complained that she was not given the chance to object to her children being taken into care. She won her case.

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                    TOP 50
                    50 Cases
                    2001
                    Europe

                    Local authorities can be liable for child abuse if they failed to act

                    Related European Convention Articles

                    Four children were seriously ill-treated by their parents. The authorities were aware of this and failed to take action. The children's rights to freedom from inhuman and degrading treatment had been breached and they were entitled to compensation.

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                      Children
                      2012
                      UK

                      Unaccompanied minors claiming asylum must be properly cared for

                      Related European Convention Articles

                      The eight appellants had arrived from Afghanistan as unaccompanied minors and were at that time aged between 15 and 16. The Home Office refused their asylum claims but granted each of them Discretionary Leave until they reached 17½, but it was found that the duty to the minors goes further than this in order to protect the minor’s best interests.

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                      Children
                      2009
                      UK

                      Children aren’t subjected to unreasonable curfews

                      Related European Convention Articles

                      A 16 year old boy was not allowed out after 9pm in designated areas. He was not engaging in anti-social behaviour. He challenged the curfew. He succeeded.

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                      Children
                      2014
                      Europe

                      The state must protect children against sexual abuse in school

                      Related European Convention Articles

                      Irish primary school pupils were sexually abused by their teachers. The Irish authorities would have known about similar abuses before the 1970s. They didn't do enough to systematically protect the children.

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                        Children
                        2012
                        UK

                        Children in care must be properly protected by the state

                        Related European Convention Articles

                        Two boys came into local authority care and were freed for adoption. The boys were moved between foster placements for 11 years, becoming increasingly unsettled. This breached several of their rights and local authorities had to re-examine their care systems.

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                          Children
                          2002
                          Europe

                          If child access is jeopardised, parents must have legal representation

                          Related European Convention Articles

                          Parents were denied legal representation at a hearing to free their child for adoption. This breached their rights to a fair hearing and respect for family life, as the importance and complexity meant they should have legal representation.

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                            TOP 50
                            50 Cases
                            1978
                            Europe

                            Caning a child is wrong

                            Related European Convention Articles

                            A boy was sentenced to be caned for assaulting another child. He had to remove his trousers and underpants then was held down and caned by policemen. This was found to be degrading punishment. The court famously said the European Convention on Human Rights was a "living instrument".

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                              TOP 50
                              50 Cases
                              2011
                              UK

                              Children’s views are key in deportation cases

                              Related European Convention Articles

                              The Supreme Court decided that where a parent is deported, the rights of their children must be a primary consideration An asylum-seeker mother was allowed to remain in the UK because deporting her would breach her children's rights to respect for private and family life.

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                              Children
                              2010-12
                              UK

                              Systemic failings in child protection must be addressed

                              Related European Convention Articles

                              After the 'Baby P Scandal', in which one-year-old Peter Connolly was killed by his abusive parents, the Government commissioned an independent review of child protection and social work. Human rights law requires effective investigations into deaths and inhumane treatment.

                              TOP 50
                              Children
                              1994
                              Europe

                              Unmarried parents can be a family

                              Related European Convention Articles

                              The father in an unmarried couple challenged the Dutch government's refusal to recognise him as the legal father of the couple's child, unless his partner's husband denied paternity. He won his case.

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                                What Human Rights do for Children
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