What Human Rights do for Children - RightsInfo

What Human Rights do for Children

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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
    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
    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
    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
    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
    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
      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
        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
        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
        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
          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
          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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            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
            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
              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
                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

                  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
                  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
                    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
                    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
                      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
                        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
                          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
                          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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                            What Human Rights do for Children
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