What Human Rights do for Families - RightsInfo

What Human Rights do for Families

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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
    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
      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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      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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        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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          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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          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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          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
          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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            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
            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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              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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                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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                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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                  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
                    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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                      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
                      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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                      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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                      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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                      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
                        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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                          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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                            What Human Rights do for Families
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