The Legal Representation of Parents and Children During Placement Procedures in the Light of Article 8 ECHR
The justification of the out-of-home placement and therefore the separation of a parent and a child is assessed by the European Court of Human Rights (ECtHR) against both substantive (is the infringement provided for by law, does it serve to protect one of the interests as listed in paragraph 2 Arti...
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| Format: | Article |
| Language: | English |
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Utrecht University School of Law
2024-10-01
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| Series: | Utrecht Law Review |
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| Online Access: | https://account.utrechtlawreview.org/index.php/up-j-ulr/article/view/938 |
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| _version_ | 1846164340427718656 |
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| author | Iris Reinders Joost Huijer |
| author_facet | Iris Reinders Joost Huijer |
| author_sort | Iris Reinders |
| collection | DOAJ |
| description | The justification of the out-of-home placement and therefore the separation of a parent and a child is assessed by the European Court of Human Rights (ECtHR) against both substantive (is the infringement provided for by law, does it serve to protect one of the interests as listed in paragraph 2 Article 8 ECHR and is it necessary in a democratic society), and procedural obligations (do have parents and children been given the opportunity to effectively participate in the decision-making process that led to the out-of-home placement) which derive from Article 8 ECHR. The distinction between substantive and procedural obligations is not always easy to make: they can overlap and influence each other. It is, however, important in each case to make sure which obligations are violated because this determines the nature of the failure of the state. This distinction will be made in this article in relation to the legal position of parents and children according to the ECtHR in procedures about the out-of-home placement of the child. |
| format | Article |
| id | doaj-art-554dec6dc9f84eaeb815a68657ee38a3 |
| institution | Kabale University |
| issn | 1871-515X |
| language | English |
| publishDate | 2024-10-01 |
| publisher | Utrecht University School of Law |
| record_format | Article |
| series | Utrecht Law Review |
| spelling | doaj-art-554dec6dc9f84eaeb815a68657ee38a32024-11-18T07:45:19ZengUtrecht University School of LawUtrecht Law Review1871-515X2024-10-0120240–5340–5310.36633/ulr.938926The Legal Representation of Parents and Children During Placement Procedures in the Light of Article 8 ECHRIris Reinders0Joost Huijer1Utrecht UniversityUtrecht UniversityThe justification of the out-of-home placement and therefore the separation of a parent and a child is assessed by the European Court of Human Rights (ECtHR) against both substantive (is the infringement provided for by law, does it serve to protect one of the interests as listed in paragraph 2 Article 8 ECHR and is it necessary in a democratic society), and procedural obligations (do have parents and children been given the opportunity to effectively participate in the decision-making process that led to the out-of-home placement) which derive from Article 8 ECHR. The distinction between substantive and procedural obligations is not always easy to make: they can overlap and influence each other. It is, however, important in each case to make sure which obligations are violated because this determines the nature of the failure of the state. This distinction will be made in this article in relation to the legal position of parents and children according to the ECtHR in procedures about the out-of-home placement of the child.https://account.utrechtlawreview.org/index.php/up-j-ulr/article/view/938article 8 echrparents and childrenout-of-home-placementschild protection |
| spellingShingle | Iris Reinders Joost Huijer The Legal Representation of Parents and Children During Placement Procedures in the Light of Article 8 ECHR Utrecht Law Review article 8 echr parents and children out-of-home-placements child protection |
| title | The Legal Representation of Parents and Children During Placement Procedures in the Light of Article 8 ECHR |
| title_full | The Legal Representation of Parents and Children During Placement Procedures in the Light of Article 8 ECHR |
| title_fullStr | The Legal Representation of Parents and Children During Placement Procedures in the Light of Article 8 ECHR |
| title_full_unstemmed | The Legal Representation of Parents and Children During Placement Procedures in the Light of Article 8 ECHR |
| title_short | The Legal Representation of Parents and Children During Placement Procedures in the Light of Article 8 ECHR |
| title_sort | legal representation of parents and children during placement procedures in the light of article 8 echr |
| topic | article 8 echr parents and children out-of-home-placements child protection |
| url | https://account.utrechtlawreview.org/index.php/up-j-ulr/article/view/938 |
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