What Human Rights do for Families - RightsInfo

What Human Rights do for Families

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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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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
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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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
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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    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
      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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        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
          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
            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
              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
                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
                  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
                  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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                  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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                  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
                  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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                    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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                    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
                      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
                        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.

                        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
                          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.

                          Related links

                          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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                            What Human Rights do for Families
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