What Human Rights do for Families

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Family
2009
Europe

Strong family ties can prevent deportation

Related European Convention Articles

Mr Omojudi had lived in the UK for over twenty years. He had committed offences while in the UK. He had 3 children and 1 grandchild, all in the UK. The government wanted to deport him. He won his case to stay.

Family
2012
Europe

A child should be taken from their family if in their best interests

Related European Convention Articles

A couple with a child had a history of domestic violence and alcohol abuse. The court decided the child should be placed for adoption. They were right to do so, because, whilst family ties should be maintained where possible, the child's safety and well-being must come first.

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    Family
    2007
    Europe

    Prisoners may be entitled to artificial insemination

    Related European Convention Articles

    A prisoner and his wife were refused artificial insemination. He was serving a sentence for murder and she would be past child-bearing age when he was released. They won their case.

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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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      Family
      2003
      UK

      Deceased fathers can be named on birth certificate

      Related European Convention Articles

      A widow won the right to put the name of her deceased husband on the birth certificates of her children. The law was changed to allow all women to do the same.

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        Family
        2014
        UK

        A woman could have a child using sperm of her deceased partner

        Related European Convention Articles

        A widow wanted to use the sperm of her husband, who died aged 32 years old of a brain tumour. He had not given his consent in writing. She won her case.

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        Family
        2001
        UK

        Female prisoners and their babies should not be automatically separated

        Related European Convention Articles

        Two women serving long prison sentences challenged the prison policy to remove their children from them at eighteen months. One won, the other lost. The prison service was told to be flexible in how it treated women with babies.

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          Family
          2006
          Europe

          Both parents must consent to the use of sperm in IVF treatment

          Related European Convention Articles

          A woman and her husband separated after they had agreed to fertilise her eggs. The embryos were frozen and stored. She wanted to proceed with the pregnancy, he did not. She lost her case.

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            Family
            2001
            UK

            Children are entitled to find out who their birth parents are

            Related European Convention Articles

            A father wanted to force a mother to allow testing to confirm he was the child's birth father. She did not want the tests to happen. He won his case.

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              Family
              2009
              UK

              There’s a right to information about your own adoption

              Related European Convention Articles

              An adult was seeking information about his adoption in the 1950s. Both his birth parents had died. The adoption society refused to give him the information. He challenged the refusal and won his case.

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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
                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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                  Disability
                  1975
                  UK

                  Sterilisation is considered the deprivation of a basic human right

                  Related European Convention Articles

                  This case was about the wardship of an 11 year old girl with mental health problems. The court said sterilisation was the deprivation of a basic human right and it would, if for non-therapeutic reasons without consent, be a violation of that right.

                  Family
                  2010
                  Europe

                  A tenant’s family circumstances must be considered during eviction

                  Related European Convention Articles

                  Tenants in a housing trust said they should not be evicted even after their leases had come to an end as it would cause their families hardship. They won their case.

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                  Disability
                  2013
                  UK

                  A woman with Down’s Syndrome wasn’t force sterilised

                  Related European Convention Articles

                  A local authority wanted a court to let doctors sterilise a woman with Down’s Syndrome. The court focused on her best interests and said the decision had to be the 'least restrictive' of a person’s rights and freedom of action. It wouldn't allow the sterilisation.

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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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                    Family
                    2014
                    Europe

                    If you’re a parent in one country, you’re a parent everywhere

                    Related European Convention Articles

                    French courts refused to grant legal recognition of parent-child relationships which had been legally recognised in the USA. This was found to breach the child's right to respect for private 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
                    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
                      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
                      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.

                      Related links

                        Family
                        2008
                        UK

                        Unmarried couples in Northern Ireland can apply to adopt

                        Related European Convention Articles

                        An unmarried couple in Northern Ireland were banned from applying to adopt because they were unmarried. They challenged the ban and they won their case.

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                        Family
                        2008
                        UK

                        Children and mums must be kept together when fleeing domestic violence

                        Related European Convention Articles

                        Mother and children were fleeing domestic violence and ended up in London. Social workers said they were intentionally homeless and would take children into care. Right to a family life used to keep family together.

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                        What Human Rights do for Families
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