Zherdev v. Ukraine: Article 3 of the ECHR and Children’s Rights at the Stage of Police Interrogation

By Prof. Dr. Ton Liefaard, Professor of Children’s Rights / UNICEF Chair in Children’s Rights, Leiden Law School, Leiden University, The Netherlands[1]

The Zherdev v. Ukraine judgement of 27 April 2017 by the European Court of Human Rights (hereinafter: the Court) further augments the Court’s line of recognising the vulnerable position of children in police interrogation and custody. What is the impact of this recognition on the threshold to find a violation under Article 3 ECHR, and to what extent does the judgement reflect international legal standards relating to children in conflict with the law, and global concerns regarding police violence towards children?

This commentary begins with a brief overview of the relevant facts of the case. It then addresses the Court’s judgement, focusing on the allegations in relation to Article 3 and to a certain extent Article 6 ECHR. It explores the Court’s threshold to assess ill-treatment in the context of children in police custody, and highlights relevant international standards in that regard. This commentary concludes with a final note on the important role of lawyers in preventing and addressing ill-treatment, and the complex issue of children’s waiver of legal counsel. Continue reading

A, B and C v. Latvia: gender-blindness and trivialisation of indecent acts against adolescent girls

By Yaiza Janssens

Not many ECtHR cases that focus on a possible obligation under Article 8 of the Convention to conduct a criminal investigation and even fewer cases where the facts fall exclusively concern minors. In A, B and C v. Latvia, a Chamber judgment issued on 31 March 2016, the applicants complained that the authorities had failed to investigate their complaints of sexual abuse by their sports coach. The Court found no violation of Article 8. In this post, I will argue that the Court should have concluded that the criminal investigation of the Latvian authorities was not effective.

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Mandet v. France: Child’s “duty” to know its origins prevails over its wish to remain in the dark

By Evelyn Merckx, academic assistant and doctoral researcher at the Human Rights Centre (Ghent University)

The European Court of Human Rights has delivered many judgments about a child’s right to know its origins and whether this right can prevail over the refusal of the anonymous biological parent. In Mandet v. France, the opposite scenario took place. A presumed biological father wanted to have his paternity recognised vis-à-vis a child who already had a legal and social father and asked the judges not to change his established family ties. However, the domestic courts decided that it was in the son’s best interests that he knew the truth about his origins.

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Adžić v. Croatia: The difficult task that child abduction brings

This guest post was written by Thalia Kruger, Senior Lecturer, Research Group Personal Rights and Real Rights, University of Antwerp and Honorary Research Associate, University of Cape Town.

Adžić v. Croatia is yet another case in the long row of cases about international parental child abduction that hit the role of the European Court of Human Rights. These cases pose a particular challenge to the Court in a very difficult and sensitive domain of family law. Jurists and lawyers in various fora have attempted to find workable solutions by instruments such as the Hague Child Abduction Convention of 1980, the Council of Europe Custody Convention (Luxembourg, 1980), the Brussels II bis Regulation (2201/2003) in the EU, and national legislation. Mediators try to find appropriate ways in which to resolve child abduction issues.

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The State’s Duty to Protect Children from Abuse: Justice in Strasbourg in O’Keeffe v. Ireland

This guest post was written by Professor Ursula Kilkelly. Professor Kilkelly is Director of the Child Law Clinic at the Faculty of Law of University College Cork, Ireland (see more info below the post, at *).

On 28 January 2014, the Grand Chamber of the European Court of Human Rights handed down its judgment in the case of Louise O’Keeffe and Ireland. The judgment brought to a conclusion a 15 year-long legal battle whereby the applicant – who was abused by her teacher when attending primary school in Ireland – sought vindication of her rights against the state.  It also resulted in a ground breaking judgment of the European Court which established beyond doubt that the state has a positive duty to take steps to protect children from abuse under Article 3 of the European Convention on Human Rights (ECHR).

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Family Reunification in Berisha v. Switzerland: The Child’s Best Interests, Really?

This week, in a divided ruling, the Court rejected the case of Berisha v. Switzerland. By four votes to three, the Court held that the refusal of residence permits to the applicants’ three children – who were born in Kosovo and entered Switzerland illegally – did not violate the parents’ right to respect for family life. In this post, I discuss the Court’s analysis of the best interests of the children involved in the case and show how the analysis fails to live up to this principle.

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Less stringent measures and migration detention: overruling Saadi v. UK?

The recent cases of Yoh-Ekale Mwanje v. Belgium and Popov v. France illustrate how a ‘less stringent measures test’ is entering the Court’s reasoning under Art. 5 § 1 ECHR in migration detention cases. The Court appears to be slowly moving away from its deferential approach in Saadi v. The United Kingdom. This might result in the overruling of Saadi by the Grand Chamber in the near future.

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