What Human Rights do for Families - RightsInfo

What Human Rights do for Families

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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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Family
2003
UK

Councils must adapt to needs of disabled families

Related European Convention Articles

Carers refused to lift disabled daughters because they were not allowed to under the terms of their employment. The family objected to their refusal to help. The family won their case.

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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.

    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
        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
          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
          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
            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.

            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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            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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            Equality
            2012
            Europe

            Gypsy families must have stronger rights to challenge eviction

            Related European Convention Articles

            Mrs Buckland was evicted from her caravan site following anti-social behaviour by her son and non-payment of bills by herself. She complained that had not had the chance to appeal against her conviction. She won her case.

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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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            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.

            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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            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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              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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                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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                  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
                    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
                      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.

                      Related links

                        Family
                        2014
                        UK

                        Doctors must involve families in ‘Do Not Resuscitate’ notices for patients

                        Related European Convention Articles

                        A 'Do Not Resuscitate' Notice was put in the Mrs Tracey's medical notes without consulting her or her family. The doctors' failure to consult breached her right to personal autonomy and to respect for private and family life.

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                        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.

                        Related links

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                        What Human Rights do for Families
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