What Human Rights do for Children - RightsInfo

What Human Rights do for Children

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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

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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
    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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    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
      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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        Children
        2006
        UK

        Young people can get confidential sexual health advice

        Related European Convention Articles

        A mother challenged guidelines allowing doctors to give sexual health advice and treatment to under 16s without telling their parents. In this case, young people's right to private life overrode the parents' rights.

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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.

        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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          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
          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
            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
            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
            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
              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
                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
                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
                  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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                    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

                    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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                    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
                      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
                      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
                        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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                          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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                          What Human Rights do for Children
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