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Children and the European Court of Human Rights$
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Claire Fenton-Glynn

Print publication date: 2020

Print ISBN-13: 9780198787518

Published to Oxford Scholarship Online: January 2021

DOI: 10.1093/oso/9780198787518.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 02 December 2021

Private Law Child Disputes

Private Law Child Disputes

(p.255) 9 Private Law Child Disputes
Children and the European Court of Human Rights

Claire Fenton-Glynn

Oxford University Press

One of the most prolific areas of jurisprudence of the European Court of Human Rights relates to private law disputes concerning children: the extent of parental authority; custody and residence; access and contact; parental child abduction; as well as the procedural rules that accompany them. This chapter explores how these have come before the Court, and the ways in which children’s rights have been conceptualised, both in the applications themselves and in the Court’s decision-making. It also examines the rules of standing to bring a case on behalf of a child, as well as the right to represent the child before the Court, and argues that the current rules provide inadequate protection for the rights of children.

Keywords:   children’s rights, ECtHR, parental authority, custody, residence, contact, parental child abduction, legal assistance, child participation, standing

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