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s17 – Protection of Families and Children
Obligation to consider alternatives to eviction into homelessness Occupiers of Portion R25 of the Farm Mooiplaats 355 JR v Golden Thread Limited and Others (CCT 25/11) [2011] ZACC 35 (7 December 2011) Summary In this case, if evicted, approximately 170 families would be made homeless. The South African Constitutional Court unanimously held that, before making [...]
Care and protection of children a relevant consideration in granting bail or sentencing a parent Aldridge v R [2011] ACTCA 20 (22 September 2011) Summary The ACT Court of Appeal has held that, by operation of s 11(2) of the Human Rights Act 2004 (ACT), the arrangements for care of children is a relevant factor [...]
There’s no place like home: The case of Mr Nystrom Nystrom v Australia, UN Doc CCPR/C/102/D/1557/2007 (18 August 2011) On 18 August 2011 the United Nation’s Human Rights Committee published its View adopted in the Communication (Communication No. 1557/2007) submitted by Stefan Lars Nystrom. In this landmark decision the Committee found that Australia had violated [...]
Treatment of young rape survivor violated ICCPR L.N.P. v Argentine Republic, Comm. No. 1610/2007, UN Doc. CCPR/C/102/D/1610/2007 (2011) The Human Rights Committee recently found that Argentina’s treatment of a 15 year-old rape survivor violated articles 2(3), 3, 7, 14(1), 17, 24 and 26 of the International Covenant of Civil and Political Rights. Facts L.N.P., an [...]
The right to family life and liberty of persons affected by disability London Borough of Hillingdon v Neary & Anor [2011] EWHC 1377 (COP) (09 June 2011) Summary In this case, a 21 year old man with autism and severe learning disabilities who was institutionalised, rather than being permitted to return to his home under [...]
Consideration of the Rights of the Child in Sentencing of a Parent S v S (CCT 63/10) [2011] ZACC 7 (29 March 2011) Summary This case considered the degree to which a court is required to take into consideration the best interests of the child when determining the appropriate sentence to impose upon a primary [...]
Religious Expression May be Limited to Protect the Rights of Child Johns & Anor, R (on the application of) v Derby City Council & Anor [2011] EWHC 375 (Admin) (28 February 2011) Summary The England and Wales High Court recently found that the right to religious expression could be limited where attitudes towards sexuality might [...]
Aboriginal Children Returned to Care of Maternal Grandmother as Court Finds Charter Applies to Child Welfare Proceedings Secretary to the Department of Human Services v Sanding [2011] VSC 42 (22 February 2011) Summary The Supreme Court of Victoria has ruled that the Children’s Court of Victoria (‘Court’) had the discretion to make orders returning four [...]
Best Interests of Child Paramount in Decisions to Deport Parents ZH (Tanzania) FC (Appellant) v Secretary of State for the Home Department [2011] UKSC 4 (1 February 2011) Summary The Supreme Court of the United Kingdom has held that the ‘best interests of the child’ should be the first consideration where children are affected by [...]
School Exclusion and the Right to Education Ali v United Kingdom – 40385/06 [2011] ECHR 17 (11 January 2011) The European Court of Human Rights has held that the exclusion of a student from school during the investigation of a criminal offence, and subsequent removal of the student from the school’s roll, did not constitute [...]
Detention of Children in Immigration Facilities a Breach of Human Rights Suppiah & Ors, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 2 (Admin) (11 January 2011) The High Court of England and Wales decided that two families who had sought asylum in the United Kingdom were detained [...]
Director of Housing v KJ (Residential Tenancies) [2010] VCAT 2026 (16 December 2010) A recent VCAT decision found that the Director of Housing (‘Director’) acted in accordance with its duties as a public authority pursuant to s 38(1) of the Charter of Human Rights and Responsibilities Act 2006 (Vic) in serving the respondent with a [...]
The Relationship between the Victorian Charter and Confiscation of Property DPP v Ali & Anor (No 2) [2010] VSC 503 (10 November 2010) The Supreme Court of Victoria (Hargrave J) recently considered the operation of the Charter of Human Rights and Responsibilities Act 2006 (Vic) in relation to an application to forfeit a family home [...]
When will Eviction from Social Housing Breach Human Rights? Canberra Fathers and Children Services Inc v Michael Watson [2010] ACAT 74 (29 October 2010) The ACT Civil and Administrative Tribunal has found that an eviction from social housing that would result in homelessness is a breach of the right to be free from unlawful or [...]
The Welfare of Children must be ‘Primary Consideration’ in Decisions Regarding Immigration Detention of Parents MXL, R (on the application of) & Ors v Secretary of State for the Home Department [2010] EWHC 2397 (Admin) (30 September 2010) The England and Wales High Court has held that the immigration detention of a Jamaican woman with [...]
Adoption by Gay Men and Lesbian Women: Two Steps Forward, One Step Back… In the matter of an Application pursuant to s 11(3) Adoption Act (Vic) 1984 AB and Victorian Equal Opportunity & Human Rights Commission and Department of Human Services and Separate Representative of J [2010] VCC AD-10-003 (6 August 2010) A recent decision [...]
Right to Life Includes Right to Health and Freedom from Poverty Laxmi Mandal v Deen Dayal Harinagar Hospital & Ors [2010] 8853/2008 and Jaitun v Janpura Maternity Home & Ors [2010] 10700/2009 (High Court of Delhi, 4 June 2010) The High Court of Delhi has issued directions in response to the systemic failures resulting in [...]
Protection of the Family and the Right to Determination of Status without Unreasonable Delay Gonzalez v Guyana, UN Doc CCPR/C/98/D/1246/2004 (21 May 2010) The UN Human Rights Committee has held that an undue delay in judicial proceedings to naturalize Mr Gonzalez as a citizen of Guyana constituted unreasonable and arbitrary interference with the right to [...]
Right to Family and Protection of Children Relevant to Sentencing of Parent R v Ashman [2010] ACTSC 45 (21 May 2010) In this case, the ACT Supreme Court recognised that the right to family and the best interests of children under the Human Rights Act 2004 (ACT) may be relevant to the sentencing of a [...]
VCAT Considers Relevance of Charter to Availability of Payments for Childcare from Transport Accident Commission Michelle Dawson v Transport Accident Commission [2010] VCAT 796 (13 May 2010) Facts Ms Dawson was seriously injured in a car accident on 13 October 2005. As a result of her injuries Ms Dawson received a number of therapies in [...]
Supreme Court Orders Speedy Trial to Determine Prisoner’s Eligibility to Access IVF Treatment under Victorian Charter Castles v Secretary of the Department of Justice & Ors [2010] VSC 181 (4 May 2010) The Supreme Court of Victoria has rejected an application by a female prisoner for an injunction restraining the Secretary of the Department of [...]
Obligation of Public Authorities to Provide Accommodation and Support to Destitute Family Birmingham City Council v Clue [2010] EWCA Civ 460 (29 April 2010) In this case, the England and Wales Court of Appeal held that the Birmingham City Council’s refusal to provide financial assistance and accommodation to a family while their immigration application was [...]
Right to Privacy and Protection of Children and Families MAK and RK v United Kingdom [2010] ECHR 363 (23 March 2010) The European Court of Human Rights has held that restrictive hospital visiting conditions imposed on a father, the first applicant, suspected of abusing his daughter, the second applicant, breached the right to private and [...]
Right to Private Life and Protection of Children AD and OD v United Kingdom [2010] ECHR 340 (16 March 2010) The European Court of Human Rights has held that the United Kingdom breached its obligation to respect private and family life under art 8 of the European Convention on Human Rights because of errors made [...]
Same-Sex Relationships: Right to Non-Discrimination and Succession to Public Tenancy Kozak v Poland [2010] ECHR 280 (2 March 2010) The European Court of Human Rights has held that Poland violated arts 8 and 14 of the European Convention on Human Rights by denying a man living in a homosexual relationship the right to succeed to [...]
Resisting Extradition Based on the Right to Private and Family Life Norris v Government of United States of America [2010] UKSC 9 (24 February 2010) The UK Supreme Court has held that the extradition of a mentally and physically fragile 66-year-old did not contravene the right to respect for private and family life under art [...]
Serious Criminal Offences, Deportation and the Right to Family Life A W Khan v United Kingdom [2009] ECHR 27(12 January 2010) The European Court of Human Rights has held that the deportation of a convicted heroin trafficker, who had not re-offended since release from prison and had developed strong ties with a country based on [...]
Does the Creation of a Tenancy or the Making of a Possession Order Engage Human Rights? Heywood v Director of Housing [2010] R2009/36396 (4 January 2010) In this case, the Victorian Civil and Administrative Tribunal considered the application of provisions of the Residential Tenancies Act 1997 (Vic) which provide for the creation of a tenancy [...]
Right to Respect for Family Life and Equal Treatment: Fathers’ Right to Custody of a Child Born out of Wedlock Zaunegger v Germany [2009] ECHR 22028/04 (3 December 2009) In this case, the European Court of Human Rights held by six votes to one that the denial of a fathers’ right to custody of a [...]
What is a ‘Child’? Age Determination in Asylum Applications A, R (on the application of) v London Borough of Croydon [2009] UKSC 8 (26 November 2009) The difficulty in determining age has become prominent as a consequence of the increased movement of children around the world, and specifically the increased migration of unaccompanied young people. [...]
Deportation of Non-Nationals and the Right to Respect for Family Life Omojudi v United Kingdom [2009] ECHR 1820/08 (24 November 2009) The European Court of Human Rights has held that the deportation of Steven Omojudi from the United Kingdom to Nigeria was an unjustifiable interference with Omojudi’s right to respect for private and family life [...]
Rights of the Child and Minimum Sentencing Legislation Centre for Child Law v Minister for Justice and Constitutional Development and Others (with the National Institute for Crime Prevention and the Re-integration of Offenders as Amicus Curiae) [2009] ZACC 18 (15 July 2009) The Constitutional Court of South Africa upheld a decision of the High Court [...]
Supreme Court of Canada Balances the Right to Freedom of Religion and the Best Interests of Children AC v Manitoba (Director of Child and Family Services), 2009 SCC 30 (26 June 2009) On 26 June 2009, the Canadian Supreme Court handed down a decision which discussed in detail the right of adolescents to make their [...]
Right of Access to Court Imposes Positive Obligation on Courts to Inform Litigants of Rights and Entitlements Kulikowski v Poland [2009] ECHR 18353/03 (19 May 2009) The European Court of Human Rights has held that the right to access courts imposes positive obligations on courts to inform individuals of their entitlements, that delays in obtaining [...]
The European Court of Human Rights has held that a UK decision of a public authority to remove a child from its family, on the basis of an incorrect diagnosis, was not a breach of art 8 of the European Convention of Human Rights which provides for the right to respect for private and family [...]
The European Court of Human Rights has held that, by allowing an individual to be excluded from participating in their child’s adoption proceedings, Croatia violated its obligation to ensure the right to respect for private and family life under art 8 of the European Convention on Human Rights. Detailed case note.
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