Z v. United Kingdom
Introduction
The applicants
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The applicants in this case were four siblings û Z, A, B and C û who were all between the ages of four and ten when they attempted to bring a cause of action in negligence against local social service authorities for failing to safeguard their welfare. Their case, which seemed to have some likelihood of success after the European Court of Human Right's (ECHR) 1998 decision in Osman v. United Kingdom, was denied by the Court of Appeal and then struck by the House of Lords for failing to state a reasonable cause of action. The applicants brought the case to the ECHR, which declined to recognize that the English domestic courts' actions had violated the applicants' protections under Article 6 of the European Convention on Human Rights ("the Convention").The ECHR's decision was effectively an abandonment of its rationale in the Osman decision, which had given rise to substantive changes in English domestic law. This paper examines the apparent inconsistency in the ECHR's decisions in Osman and Z. It concludes that the ECHR chose to step back from Osman due to that case's far-reaching implications for the domestic laws of all countries that are signatories to the European Convention on Human Rights ("the Convention"). In contrast, the decision in Z seems to narrow the ECHR's ability to affect these countries' substantive laws while still allowing the ECHR to recognize the protections guaranteed by the Convention. As several ECHR judges noted in the Z deci
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authorities had breached Articles 3, 6, 8 and 13 of the Convention. Article 3 of the Convention prohibits "torture or to inhuman or degrading treatment or punishment." Article 6 imposes the right to a fair trial. Article 8 guarantees a right to respect for private and family life and Article 13 guarantees all individuals an effective remedy for violations of any of the Convention's Articles. Notably, however, the United Kingdom did not incorporate Article 13 into its own body of laws when it incorporated the Convention into UK law through the Human Rights Act 1998. However, section 7 of the Human Rights Act provides a direct right of action for the breach of any Convention rights and section 8 empowers English courts to award compensation for the breach of such rights.
The State did not contest the facts of the applicants' allegations or that the facts as alleged constituted a violation of the applicants' protections under Article 3. Thus, the ECHR also concluded that the applicants' allegations reached the level of a violation of Article 3. The ECHR also concluded that the same facts constituted a violation of Article 8. Where the ECHR spent most of its analysis, however, was on the question of the applicants' ab
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Approximate Word count = 4214
Approximate Pages = 17 (250 words per page)
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