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If you are litigating a children’s rights issue in the national courts, and your case is unsuccessful, you may wish to pursue a remedy under the European Convention on Human Rights or the United Nations Convention on the Rights of the Child individual complaints procedure (Optional Protocol 3). However, most claims are declared inadmissible as a result of decisions made during the domestic phase of litigation.1 This checklist is designed to help you avoid that eventuality.
This tool is a quick reference guide for practitioners working in child protection in Ireland seeking to use international law in advocating for children’s rights in domestic courts. More specifically, it provides an overview of children’s rights sources which can be drawn upon to argue for the participation of children in care in court proceedings. Utilising these sources of law can also bolster submissions in court, thereby improving decisions for children.
This document provides summaries of judgments delivered by the European Court of Human Rights concerning the right to contact with children in care. It aims to assist child protection practitioners to utilise this case law in advocating for this right in domestic courts. The judgments focus on Article 8 of the European Convention on Human Rights.