What Human Rights do for Children - RightsInfo

What Human Rights do for Children

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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
    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

    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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    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
      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
      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
      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
        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
        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
        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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          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
          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
          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
            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
              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
                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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                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
                  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
                  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.

                  Related links

                    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
                      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

                        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
                        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
                          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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                          What Human Rights do for Children
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