Dealing with family issues like adoption and taking children into care
Convention rights and issues I need to consider
Articles 3 Prohibition of inhuman and degrading treatment, 6 Right to a fair trial, 8 Respect for private and family life, 14 Prohibition of discrimination
- Is any interference with family life in accordance with law, for a permitted aim (e.g. the rights of the children) and proportionate to that aim?
- Have the best interests of the children been properly considered?
- Have the parents and other interested parties been given full and timely information and the opportunity to contribute to
- decisions on the future of the children, especially where those are irrevocable or hard to reverse?
- Do parents and others have the right to challenge the decision before an independent and impartial tribunal?
- Have they been informed of their rights to challenge and the time limits for doing so?
- Are children at such risk of harm at the hands of their parents or guardians as makes it necessary to take them into care?
References to article numbers are to the European Convention on Human Rights except where a Protocol is specified.
The issues listed are not exhaustive.
Do you touch on any of the Convention rights in your work?