What Human Rights do for Families - RightsInfo

What Human Rights do for Families

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Family
2009
UK

There’s a right to information about your own adoption

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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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Family
2002
Europe

Adults can access records of time spent in care as child

Related European Convention Articles

A man wanted access to personal records of his time spent his care. He suspected the authority knew he was at risk of sexual abuse. The authority refused. He 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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      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
      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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        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
        2002
        UK

        You can get information about an anonomous donor parent

        Related European Convention Articles

        Two adults successfully challenged the law that prevented them from knowing the identities of the birth parent who had anonymously donated the sperm used to conceive their birth.

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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
            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
              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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                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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                  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
                    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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                    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
                    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.

                    Disability
                    2015
                    UK

                    A family can receive damages if a council messes up care proceedings

                    Related European Convention Articles

                    The Council removed a 15 day old baby from its mother and put it into care. There were unnecessary delays and confusion over the plan for the baby's permanent home. It was finally placed with the mother's parents in Latvia aged 22 months.

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                    TOP 50
                    50 Cases
                    2002
                    UK

                    Councils must provide adequate housing for disabled people

                    Related European Convention Articles

                    A severely disabled, incontient and wheelchair bound woman and her family of eight were housed inadequately. Their local council failed to rehouse. The High Court decided this showed a ‘singular lack of respect’ for her private and family life and awarded damages.

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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
                      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
                      2011
                      UK

                      A non-UK national can apply for a marriage visa if they are under 21

                      Related European Convention Articles

                      Quila and Bibi were stopped from entering the country to marry because they were under 21. They successfully challenged the law, which was meant to help prevent forced marriages.

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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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                        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
                        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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                          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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                            What Human Rights do for Families
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