Children, Parents and the European Court of Human Rights

Abstract

This article considers the protection of children’s rights before the European Court of Human Rights. Focusing on the field of family law under Article 8, it will examine the case law of the Court concerning conflicts between children, parents, and the state, and consider its strengths and weaknesses. It will suggest that the jurisprudence of the Court is flawed in its approach to children’s rights in three key respects: first, by the subjugation of children’s rights within the family unit; second, due to the flawed nature of the best interests principle; and finally, as a result of the rules concerning representation and standing. It will conclude by arguing that in order to genuinely embrace the rights of children, the Court must move beyond traditional notions of the privacy of the family unit, and recognise children’s individualism and autonomy.