By Geraldine Van Bueren

This quantity analyses the effectiveness of the judicial safeguard of kid's rights inside one neighborhood company, the Council of Europe. the problem of kid's safety is of accelerating significance in Europe and the courts have consequently turn into one of many potential for remodeling social values and influencing conventional behavior in the direction of teenagers.

The volume to which universal criteria were built by means of the courts in enforcing kid's rights is tested either from the point of view of the eu court docket of Human Rights and the judgments of the top nationwide courts in the Member States of the Council of Europe. extra research is made from the Council of Europe's Social constitution and the stories of the ecu Committee for the Prevention of Torture and Inhuman or Degrading therapy or Punishment.

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At the time of writing, the case has been referred to the Grand Chamber. Although the judgment has not been delivered, it is hoped that the Grand Chamber will place great weight on the dissent of Judge Cabral Barreto and will also consider the impact of indirect discrimination. The Grand Chamber also ought to weigh heavily the decision of the Sofia District Court, that the Bulgarian Ministry of Education, the Sofia Municipality and School Number 103 of Sofia violated 108. For a consideration of the criteria in relation to likeness see McColgan, “Cracking the comparator problem: discrimination, ‘equal’ treatment and the role of comparisons”, European Human Rights Law Review, 8, 6, 2006, 650-677.

Hokkanen v. Finland, Series A, No. 299A (1995) EHRR, 19, 139, paragraph 55. 77. Mnookin, “Child custody adjudication: judicial functions in the face of indeterminacy”, Law and Contemporary Problems, 1975, 226. 78. Such factors are considered in Van Bueren, The international law on the rights of the child, op. , at 47. 36 The fundamental legal principles of interpretation values of human rights law is certainty, yet because the principle of the best interests of the child is not expressly enshrined in the European Convention the manner in which the principle has been applied by the European Court of Human Rights makes it difficult to determine the weighting of the many components constituting best interests, and when the principle of the best interests will be applied as the overriding principle.

See, generally, “Study of discrimination against persons born out of wedlock”, UN Doc. 2. 94. Marckx v. Belgium, judgment of the European Court of Human Rights, 13 June 1979. 42 The fundamental legal principles of interpretation unequal treatment of marital and non-marital children can violate Article 8 read together with Article 14. 95 The adoption of the Convention proved necessary because of the disparity between laws of the member states on filiation outside of marriage. Consequently, the convention has two aims: to provide non-marital children with an equal legal status, and to harmonise legislation within the Council of Europe concerning filiation.

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