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Professor Norrie's Commentaries on Family Law$
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Professor Norrie's Commentaries on Family Law

Kenneth Norrie

Print publication date: 2011

Print ISBN-13: 9781845861193

Published to Edinburgh Scholarship Online: September 2015

DOI: 10.3366/edinburgh/9781845861193.001.0001

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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 20 September 2021

October 2001

October 2001

Suing Local Authorities for Child Protection Failures

Chapter:
(p.57) Commentary No 11: October 2001
Source:
Professor Norrie's Commentaries on Family Law
Author(s):

Kenneth McK Norrie

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9781845861193.003.0011

Discusses TP v United Kingdom [2001] 34 EHRR 42 where the complainants sought to extent the Osman ruling (but failed) and Z v United Kingdom [2001]34 EHRR 97 where the European Court of Human Rights recognised the positive obligations on the state inherent in both article 3 and article 8. Both cases emphasised that there is no immunity for local authorities being sued by those harmed by child protection processes.

Keywords:   European Convention on Human Rights, Osman v United Kingdom, Proportionality, Child protection, Torture, inhuman or degrading treatment or punishment, Positive duties on state, Horizontal application of Convention rights

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