What Human Rights do for Children - RightsInfo

What Human Rights do for Children

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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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    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
    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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      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
      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
        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
        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
        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
          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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          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
            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
            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
              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
                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
                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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                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
                  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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                    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
                      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
                        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
                        2008
                        UK

                        Children can be protected against intrusive media attention

                        Related European Convention Articles

                        A photograph of the author JK Rowling's son was taken and published without permission or consent. It was decided that the child was entitled to privacy and the law should protect children against intrusive media attention.

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                        Children
                        1995
                        Europe

                        Parents can access info related to their child’s case

                        Related European Convention Articles

                        Parents of a child taken into care were not allowed to see documents referred to at a hearing to determine care provisions and access to their son. This breached their rights to a fair hearing and respect for 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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                            What Human Rights do for Children
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