1st Edition

The Child and the European Convention on Human Rights

By Ursula Kilkelly Copyright 1999

    The European Convention on Human Rights is the most successful system for the enforcement of human rights in the world. However, to date its full potential for protecting children’s rights has not been explored as attention has focused on the UN Convention on the Rights of the Child. This unique book provides the first analysis of the extensive case law of the Commission and the Court of Human Rights on all issues concerning children and their rights. This study is important as a study of the regional protection of children’s rights and, moreover, the case law itself can be directly applied in the legal system of nearly every European country, including the UK. The book includes chapters on the rights of the child under the European Convention on Human Rights in relation to education, protection from abuse, the right to identity, child care, juvenile justice, health care and immigration and the family. It also explores the potential of the Strasbourg mechanism for the protection of children’s rights and thus provides a practical and vital guide to the study and use of the European Convention in the broad area of children’s rights.

    Preface, Acknowledgements, Note on the Citation of Strasbourg Cases, Series Preface, 1 The Application of the European Convention to Children, 2 Definition and Status of the Child, 3 Juvenile Justice and Detention, 4 Education, 5 Identity, 6 Participation Rights, 7 Life, Health and Health Care, 8 Abuse and Neglect, 9 Definition and Treatment of the Family, 10 Immigrant and Refugee Children, 11 Custody and Contact, 12 Alternative Care, 13 Adoption, Convention for the Protection of Human Rights and Fundamental Freedoms (Selected Provisions), List of Cases of the European Commission of Human Rights, List of Cases of the European Court of Human Rights, Bibliography, Index


    Ursula Kilkelly

    ’The book is a welcome, refreshingly up-to-date, publication. Drawn from an excellent bibliography...must be an important addition to the library of any person who advocates on behalf of children.’ Joint Council for the Welfare of Immigrants ’...a rare combination of conscientious scholarship and critical analysis...this excellent book signposts the future direction of proactive practice and I recommend it unreservedly as an essential text for all those concerned with the rights and welfare of children.’ Family Law ’...a fount of information...will be very useful to those working in the field...invaluable for organizations working with children and those studying children’s rights.’ Child Abuse Review ’The publication of this book is particularly timely given the imminent implementation of the Human Rights Act which incorporates the European Convention into domestic law...’ Just News ’...highly recommended...it is exceptionally well researched and is written in an accessible, incisive and open style...represents an opening of European human rights law to the debates of children’s rights advocates. It is an original and ambitious book.’ The International Journal of Children’s Rights ’...this author certainly achieves what she has set out to do - providing an analysis of the extensive case law of the Commission and the Court of Human Rights on all issues concerning children and their rights...this book will prove valuable to anyone studying or practising in any aspect of law concerning the rights of children.’ Human Rights Law Review 'Readers interested in the academic study of the European Convention, and how it has been applied in cases involving children and their families, will find this book an invaluable research tool.' British Yearbook of International Law 'It is a very significant achievement that Ursula Kilkelly was, as far as this reviewer is aware, the first academic commentator to attempt a comprehensive review