W v. The United Kingdom

Abstract

Damages — Human rights violations — Losses liable to compensation — Non-pecuniary loss — Causation — Other remedies sought — European Convention on Human Rights, 1950, Article 50

Human rights — Right to respect for family life — Content of “parental rights” — Whether “civil right” — Child in care of local authority — Access by parents — Procedures followed and remedies available — Extent of parental involvement in decision-making process — Whether sufficient to protect their interests — Sufficiency of proceedings available to challenge decision — Inability to raise access issue as separate proceedings — Whether lack of remedy — Relevance of length of proceedings — Compensation for loss of consortium of child and for distress — European Convention on Human Rights, 1950, Articles 6(1) and 8

International tribunals — European Court of Human Rights — Procedure — Remedies available to Court — Whether Court empowered to require State to return child to parents — Whether Court empowered to declare national legislation to be contrary to the Convention