What Human Rights do for Children

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Children
2014
UK

Keeping children with family should be considered before adoption

Related European Convention Articles

A child was placed for adoption without proper consideration of whether a placement in Poland with her grandparents would have been preferable. This breached the family's right to respect for private / family life.

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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

    Children in custody are recognised as vulnerable

    Related European Convention Articles

    A 14-year-old's clothing was removed after her arrest. There was no breach of her right to privacy, but the court emphasised the vulnerable position of children in custody. The police produced a report on vulnerable people in custody.

    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
      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
      2011
      UK

      Children abducted by a parent should generally be returned immediately

      Related European Convention Articles

      Children were abducted by their mother, without their father's knowledge, from Norway and brought to the UK. The children would be returned to Norway as, overall, it was in their best interests.

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      Children
      1994
      Europe

      Children can’t be put up for adoption without parents knowing

      Related European Convention Articles

      Laws which allowed a child to be put up for adoption without her biological father's knowledge or consent breached his right to respect for private and family life, and meant he had been deprived of a fair hearing.

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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
        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
          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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            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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              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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                Children
                2010
                UK

                Children can access a summary of secret evidence about them

                Related European Convention Articles

                The police arrested a child spotted with an 'inappropriate adult'. They would not tell the child or parents more. Access to secret evidence was needed to enforce rights to liberty and privacy. A court provided the gist of the information.

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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
                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
                1982
                Europe

                Corporal punishment in schools is not permitted

                Related European Convention Articles

                Two mothers challenged school policy permitting corporal punishment. One boy was suspended from school for refusing to accept the punishment. The policy breached the mothers' rights to educate their children according to their convictions and the child's right to access education.

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                  Children
                  2001
                  Europe

                  Children should be protected from abuse within the family

                  Related European Convention Articles

                  Children in a family suffered abuse and neglect by their mother. They were not protected properly by the social services. They won their case and were awarded damages.

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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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                  TOP 50
                  50 Cases
                  1998
                  Europe

                  You can’t beat up your child

                  Related European Convention Articles

                  A stepfather beat his stepson with a cane, causing him bruising. His defence was that "reasonable chastisement" was necessary to control the boy. The court said this was inhumane and degrading treatment.

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                    Children
                    2014
                    UK

                    Men suspected of grooming were banned from contacting girls

                    Related European Convention Articles

                    Ten men were suspected of exploiting a young woman for sex. There was not enough evidence to prosecute them. They were banned from contacting the young woman.

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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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                      TOP 50
                      50 Cases
                      2013
                      UK

                      Trafficked children are victims, not criminals

                      Related European Convention Articles

                      Victims of trafficking were forced into illegal work. A young boy was forced to cultivate cannabis, and a woman promised child-minding work was forced into prostitution. Their history of trafficking should have been taken into account.

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                      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.

                      Related links

                        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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                        What Human Rights do for Children
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