Volume 12 - Issue 67
/ July 2023
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DOI: https://doi.org/10.34069/AI/2023.67.07.22
How to Cite:
Volkova, N., Prytuliak, V., Yanitska, I., Poliuk, Y., & Polunina, O. (2023). Current issues of the application of ECTHR decisions
and its implementation in the field of children's rights protection. Amazonia Investiga, 12(67), 241-249.
https://doi.org/10.34069/AI/2023.67.07.22
Current issues of the application of ECTHR decisions and its
implementation in the field of children's rights protection
Актуальні питання застосування практики рішень ЄСПЛ та їх виконання в сфері
захисту прав дитини
Received: June 12, 2023 Accepted: July 15, 2023
Written by:
Nataliia Volkova1
https://orcid.org/0000-0003-4346-1862
Valerii Prytuliak2
https://orcid.org/0000-0003-2490-0225
Inna Yanitska3
https://orcid.org/0000-0002-4729-9076
Yuliia Poliuk4
https://orcid.org/0000-0003-0842-1056
Olha Polunina5
https://orcid.org/0000-0001-7062-3623
Abstract
The main jurisdictional body in the field of human
rights protection is the European Court of Human
Rights (ECtHR). The activities of the ECtHR,
among other things, are of key importance for
ensuring the effective functioning and continuous
improvement of the international system for the
protection of children's rights. Thus, the study of the
ECtHR's practice in the field of protection of
children's rights is relevant in view of the
importance of applying appropriate approaches to
resolving disputes at the national level, as well as
from the point of view of improving national and
international legislation in the field of protection of
children's rights. Therefore, the purpose of the work
is the analysis of the practice of the ECtHR in the
field of the protection of children's rights, as well as
the study of the peculiarities of the implementation
of relevant decisions of the ECtHR at the national
level. Research methods used in writing the article
include analysis, synthesis, formal-logical and
comparative-legal methods. As a result of the
research, the authors of the article analyzed the
specific decisions of the ECtHR in the field of
protection of children's rights, summarized the main
approaches, standards, and principles used by the
ECtHR in solving relevant cases, as well as making
1
Ph.D., Associate Professor of the Department of Civil Procedure of National University «Odesa Law Academy», Ukraine.
2
Ph.D., Associate Professor of the Department of Civil Procedure of National University «Odesa Law Academy», Ukraine.
3
Ph.D., Associate Professor of the Department of Civil Procedure of National University «Odesa Law Academy», Ukraine.
4
Ph.D., Associate Professor of the Department of Civil Procedure of National University «Odesa Law Academy», Ukraine.
5
Ph.D., Associate Professor of the Department of Civil Procedure of National University «Odesa Law Academy», Ukraine.
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their own proposals for improving the current
legislation of Ukraine aimed at protecting children's
rights.
Keywords: human rights, protection of children's
rights, law enforcement, court decision,
international legislation.
Introduction
According to Art. 1 of the Council of Europe
Strategy for the Rights of the Child 2022-2027:
«Child Rights in Practice: From Sustainable
Implementation to Shared Innovation» (Council
of Europe Portal, 2022) child rights protection is
a key element of the Council of Europe's mission
to protect human rights, sustain democracy and
preserve the rule of law. The Council of Europe
takes care of the defense of the rights of the child
in its member states with the help of multi-year
strategies implemented by setting standards,
monitoring compliance with regulatory
requirements, and supporting implementation in
the form of cooperation projects. In the member
states of the Council of Europe, children have the
right to enjoy all human rights protected by the
European Convention on Human Rights (ECHR)
(Council of Europe, 1950), the United Nations
Convention on the Rights of the Child (UNCRC)
(Unitad Natioins, 1989), and other international
and European normative documents on human
rights. Such rights include civil, political,
economic, social, and cultural rights.
According to Art. 32 of the Convention on the
Protection of Human Rights and Fundamental
Freedoms (ECHR) The European Court of
Human Rights is a jurisdictional body in the field
of human rights protection (Article 32 of the
ECHR).
When examining the validity of interference with
human rights, the European Court of Human
Rights (hereinafter referred to as the ECtHR)
pays special attention to the protection of
children's rights. The ECtHR has repeatedly
drawn attention to the fact that there is a broad
consensus – including in international law – in
support of the idea that in all decisions
concerning children, their interests should be
paramount.
Therefore, the proper protection of children's
rights on the European continent and in the
world, in general, is of key importance for the
normal functioning and development of modern
society. The ECtHR itself plays a leading role in
the aspect of restoration and protection of
violated children's rights. Qualified decisions of
the ECtHR make it possible to resolve individual
disputes arising from the protection of children's
rights in countries participating in the
Convention, as well as to harmonize the
legislation of participating countries and other
countries of the world with modern approaches
to the protection of children's rights.
Based on the above, it is possible to formulate the
main tasks of this study.
1. To analyze the practice of the ECtHR in the
field of protection of children's rights and
make generalizations about the main
approaches, standards, and principles of
solving relevant cases.
2. Development of general recommendations
on improving the current legislation of
Ukraine in the field of protection of
children's rights, taking into account the
practice of the ECtHR in resolving specific
disputes.
3. Analysis of the peculiarities of the
implementation of ECtHR decisions in the
field of protection of children's rights in
different countries in order to ensure the
fastest and most complete restoration of
violated children's rights at the national
level.
Theoretical Framework or Literature Review
Liliya Radchenko (2019) in her article
«Modernization of the Protection of Human
Rights in the Field of family relations through the
Prism of the Practice of the ECtHR» examines
the category «best interests of the child». In
general, her article is devoted to the
consideration of the comparative legal principles
of the protection of human rights in the field of
family relations through the prism of researching
the practice of the European Court of Human
Rights (ECtHR). Among other things, the author
emphasizes that the category "best interests of
the child" is a basic principle in the field of
Volkova, N., Prytuliak, V., Yanitska, I., Poliuk, Y., Polunina, O. / Volume 12 - Issue 67: 241-249 / July, 2023
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protection of the rights of the child as relevant to
ECtHR decision-making The determination of
what is in the best interests of the child is
fundamental and determined on a case-by-case
basis Depending on their nature and seriousness,
the interests of the child may outweigh the
interests of the parents.
Moreover, Taisia Tomlyak (2022) in her article
"The principle of ensuring the best interests of
the child in the practice of the European Court of
Human Rights concludes that in the European
legal tradition, the principle of ensuring the best
interests of the child is widely applied in cases
involving children... The European Court
connects ensuring the best interests of the child
with the observance by national judicial bodies
of a fair balance that must be achieved between
the relevant competing interests: the interests of
the child, two parents, and public order, with the
priority of the best interests of the child.
Besides, Louise Forde (2022) in her article "The
Role of the Courts in protecting children's Rights
in the Context of police questioning in Ireland
and New Zealand » explores the role the courts
have played in upholding children's rights in the
police questioning process in Ireland and in New
Zealand. The author claims that ensuring
safeguards are in place from the earliest stages of
criminal investigation is essential to ensure that
children's rights in the youth justice system are
adequately protected. The rights of children in
conflict with the law are protected under the UN
Convention on the Rights of the Child (UNCRC),
and in situations where these rights are violated,
children must have access to an effective remedy.
National courts have a role to play in ensuring
that children's rights are protected and in
providing necessary remedies.
Additionally, Deborah Lawson, Helen Stalford,
and Sarah Woodhouse (2023) made a report,
which examines the nature, scope, and effects of
Third-Party Interventions (TPIs) in advancing
children's rights in cases that come before the
European Court of Human Rights (ECtHR or '
Court'). It presents the findings of a review of
existing European Convention on Human Rights
(ECHR) decisions (by the Chamber and Grand
Chamber) concerning children.
Also, Vibeke Blaker Strand (2019) in her article
«Interpreting the ECHR in its Normative
Environment: Interaction Between the ECHR,
the UN Convention on the Elimination of All
Forms of Discrimination Against Women and the
UN Convention on the Rights of the Child»
offers insight into a selection of ECHR cases that
are characterized by the existence of a normative
overlap between the ECHR, the CEDAW, and
the CRC; and by the fact that interaction between
these legal sources actually takes place in the
interpretation carried out by the Court.
Interaction is discussed through two topics: the
issue of state obligations in relation to domestic
violence, and the issue of state obligations in
relation to expulsion of immigrants with
children. The article demonstrates that systemic
integration may result in a strengthening of the
protection of human rights under the ECHR
through what is termed 'interpretive widening
and thickening.
The article of Mariëlle R. Bruning &
Jaap E. Doek (2021) called «Characteristics of an
Effective Child Protection System in the
European and International Contexts» aims to
explicate core elements of an effective child
protection system within a child’s rights
framework. This aim is accomplished by
highlighting and providing analysis of the
principles set forth in the CRC and further
elaborated in General Comment No. 13 (2011)
and by the UN Children’s Fund (UNICEF), the
main components of policies and other relevant
documents of the European Union (EU) and the
Council of Europe (CoE), and caselaw from the
European Court of Human Rights (ECrtHR) and
then presenting recommendations for an
effective State-run child protection system.
Trond Helland &Ragnhild Hollekim (2023) in
their article «The Convention on the Rights of the
Child’s Imprint on Judgments from the European
Court of Human Rights: A Negligible Footprint?
» aim to examine the CRC’s footing in the
ECtHR. Leaning on concepts of legal
mobilization, lawfare, and availability heuristics,
the authors argue that there has been a clear
development in how the CRC is used in and by
the ECtHR, indicating that the CRC has an
increasingly stronger footing within the Court,
especially in the past decade. Additionally, they
argue that this development has strengthened
children’s rights and that the CRC, at least
indirectly, has had and still has a vital role in
developing children’s rights within the ECtHR.
Prof. K. Sandberg (2021) in his article
«Grandparents’ and grandchildren's right to
contact under the European Convention on
Human Rights» claims that there may be such a
right, but it depends entirely on the
circumstances. A family life exists between
grandparents and grandchildren if there are
sufficiently close ties between them. However,
the relationship between grandparents and
grandchildren is seen as different in nature and
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degree from that of parents and children and calls
for a lesser degree of protection.
Tina Gerdts-Andresen & Heidi Aarum Hansen
(2021) in their article «How the child’s views is
weighted in care order proceedings» address how
the Norwegian County Social Welfare Board
weights’ the child’s view when regulating
visitation rights between parents and children,
when a care order is issued. Overall findings
argue that the child’s view is generally not given
weight in the written decisions. As the care
orders are presented in this study, findings
suggest that the Board’s practice may be in
contradiction to children’s’ conventional rights,
and by this also in contradiction to the
Norwegian law.
Valeska Marcela David Contreras (2017) in their
research «Caring, rescuing or punishing?
Rewriting RMS v Spain (ECtHR) from an
integrated approach to the rights of women and
children in poverty» analyses and rewrites the
ECHR judgment in RMS by integrating the
perspective of the rights of women and children
living in poverty. First, the chapter problematizes
the allocation of children’s care and well-being
to the ‘private’ realm of families, and questions
the way the Court addressed the impermissibility
of family separation on the ground of poverty.
Second, attention is drawn to compounded
stereotypes and dominant notions on valued
families underlying the decisions of the Spanish
authorities and which the ECHR failed to
uncover. Third, the chapter revisits the ECHR
scrutiny of the domestic judicial control and
decision-making process over the girl’s removal
and placement.
Paula Távora Vítor (2023) in her article
«Banning Children’s Image Online – a
Portuguese Perspective» points towards a more
active intervention by public entities (courts and
public prosecutors offces) when the protection of
children (and the promotion of their autonomy)
is at stake. Fundamental rights – and
(fundamental) personality rights included – were
first conceived as a shield of individuals against
the state. At the present, it seems that the state is
using this shield to protect individuals against
other individuals within one of their most private
spheres – family – based on the recognition that
these are especially valuable and especially
vulnerable individuals. Hence, there is tension
between public and private, and protection and
autonomy, that must be addressed.
Therefore, as a result of the review of the works
of modern researchers, it is worth concluding that
the system of protection of children's rights is
quite effective, however, with the help of the
practice of the ECtHR, the specified system is
constantly being improved. This is explained by
trends in the development of modern European
civilization, based on the principles of
humanism, as well as defects in the legislation
and law enforcement activities of individual
European countries, which must be eliminated.
Methodology
With the help of a set of methods that were used
to carry out this research, the authors of the
article achieved the research objectives. In
particular, the methods of analysis and synthesis,
as two complementary methods of knowing the
objective reality, helped to analyze the practice
of the ECtHR in the field of protection of
children's rights and to make generalizations
about the main approaches, standards, and
principles of solving relevant cases. In addition,
the specified methods allowed the authors of the
article to investigate the peculiarities of the
implementation of ECtHR decisions in the field
of protection of children's rights in different
countries in order to ensure the fastest and most
complete restoration of violated children's rights
at the national level. In turn, the comparative
legal method helped to formulate general
recommendations for improving the current
legislation of Ukraine in the field of protection of
children's rights, taking into account the practice
of the ECtHR in resolving specific disputes.
Results and Discussion
The ECtHR examines all issues regarding the
interpretation and application of the Convention
and its protocols, as well as examines individual
disputes related to human rights violations. Any
person who believes that his rights have been
violated and the opportunity to restore them at
the national level has been exhausted can submit
an individual complaint directly to the ECHR. In
order to file an individual complaint about the
violation of human rights and freedoms, the
consent of the state is not required, and the
ECtHR itself is not bound by the decisions of
national courts. The ECtHR ascertains whether a
person's right has been violated from the point of
view of higher standards than national ones. At
the same time, decisions of the ECtHR regarding
individual disputes are binding for the ECtHR
member state, and in case of non-compliance
certain sanctions may be applied by the
Committee of Ministers of the Council of
Europe.
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Along with solving the merits of an individual
dispute, the ECHR in its decision also develops
the very provisions of the Convention, which
must be interpreted in the same way by all ECHR
member states. It is this feature of the «obligation
of uniform interpretation» that allows national
courts to refer to ECtHR decisions in individual
disputes that have been decided against other
states.
From the analysis of the provisions of the
Convention, it follows that the mention of
children is contained in the following articles:
In Article 5 (the right to liberty and personal
integrity), in which paragraph "d" of paragraph 1,
as a basis for deprivation of liberty, provides for
taking under the custody of a minor on the basis
of a legal decision for the purpose of applying
supervisory measures of an educational nature or
legal detention of a minor for the purpose of
bringing him to the competent authority;
Paragraph 1 of Article 6 (the right to a fair trial)
provides that the judgment shall be announced in
public, but the press and the public may be
excluded from the proceedings during all or part
of the proceedings when the interests of minors
so require, establishing the possibility of limiting
the publicity of court proceedings in cases
involving children;
Article 5 of Protocol No. 7 (equality of spouses)
mentions that a man and a woman have equal
rights and bear equal civil legal responsibility in
relation to each other and with their children in
relation to entering into marriage, staying in the
marriage, and regarding its rupture. This article
does not prevent States from requiring the
adoption of such measures as are necessary for
the best interests of children.
Although the Convention on the Protection of
Human Rights and Fundamental Freedoms
practically does not contain articles (except for
Articles 5 and 6 of the Convention and Article 5
of Protocol No. 7 to it) that directly regulate or
protect the rights of children, its provisions are
applicable to children on an equal basis with
others participants of the international legal
relationship.
The European Court of Human Rights protects
the rights enshrined in the Convention on the
Protection of Human Rights and Fundamental
Freedoms. Thus, the Convention and its
Protocols determine the boundaries of the
protection of rights in the ECHR. Along with
this, over time, the norms enshrined in the
Convention develop and expand their boundaries
in the decisions of the ECHR.
A complaint to the ECHR can be filed by the
state, any individual, any group of persons, or
any non-governmental organization (Articles 33,
34 of the Convention). Thus, any person can
apply to the court, regardless of their legal
capacity (including mentally ill and minors) and
citizenship. A complaint cannot be filed against
a state that is not participating in the Convention
and its Protocols. The European Court may
establish the fact of violation of the Convention
and also award the applicant appropriate
compensation and reimbursement of expenses.
Taking into account the fact that a child cannot
independently "exhaust intrastate means of
protection", and the legal representatives of the
child are sometimes recognized as violators of
his rights, the issue of protecting children's rights
in the practice of the European Court of Human
Rights appears to be especially relevant.
Application of the provisions of the Convention
on the Protection of Human Rights and
Fundamental Freedoms to Children. The
following articles of the European Convention
appear most often in cases on the protection of
children in the ECHR:
a) Article 3. Prohibition of torture and
inhumane degrading treatment or
punishment (in particular, in cases of
corporal punishment applied to children at
school, by parents, or by court decision);
b) Article 6. The right to a fair trial (establishes
special procedural rules for the trial of
minors accused of committing a crime);
c) Article 8. The right to respect for family life
(within the framework of which the court
interprets the concept of family; the status of
illegitimate children; defines the concept of
actions in the interests of the child (choice of
religion, name, etc.); transfer to the state of
the right to custody of the child; cases of
parental separation and children due to the
deportation of their parents);
d) Article 10 (part 2). Restriction of freedom of
expression of opinion, obtaining and
distributing information for the purpose of
protecting health and morality;
e) Article 14. Protection against
discrimination;
f) Article 2 of Protocol 1. The right to
education (for example, education in private
schools; respect for the philosophical beliefs
of parents).
On the basis of these articles, the court developed
certain legal standards regulating the legal
position of children in international law. In
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addition, when justifying the violation of a child's
rights, references to other international legal acts
that enshrine the rights of the child, in particular,
to the UN Convention on the Rights of the Child
of 1989, are permissible and even encouraged.
Based on the practice of the European Court of
Human Rights, when protecting the rights of
children, one of the frequently applicable
provisions of the Convention is Art. 3,
prohibiting torture or inhuman and degrading
treatment or punishment. The European Court
notes that in violation of Art. 3 is the bad
treatment of a child, which has reached the
minimum level of cruelty, the assessment of
which, in turn, depends on a number of certain
factors of a specific case (duration, gender, age,
state of health of the child, impact on
psychological or physical state). The cruelty of
treatment distinguishes three elements: torture,
inhumane treatment or punishment, and
humiliating treatment or punishment.
As a precedent for the ECtHR's consideration of
the case of humiliating punishment of a child, the
case «Tyrer v. United Kingdom» European Court
of Human Rights, 1978, can be considered. For
the «illegal attack that caused bodily harm to the
senior student of his school», a 15-year-old
student in accordance with local law was
sentenced to three strokes of the racket. It follows
from the circumstances of the case that Anthony
Tyrer did not suffer serious physical injuries.
Despite this, the ECtHR established that, given
the child's age, he was humiliated during the
execution of the punishment both in his own eyes
and in the eyes of other people present there.
Although the punishment was legally binding at
the time of the case, the ECtHR determined that
it was an attack on the honor, dignity, and
physical integrity of the child. The court also
noted that the execution of punishment by people
completely unknown to the child could lead to
negative psychological consequences. Thus,
based on the totality of the circumstances, the
court concluded that this punishment of the child
can be considered as a punishment in which the
humiliation reached the level implied by the
concept of «degrading punishment», and found a
violation of Art. 3 of the Convention. The ECtHR
noted the responsibility of the state and the
English legal system, in particular, for degrading
treatment, subsequently, in accordance with the
decision of the ECtHR, the legislation was
changed.
As for the relationship between the Convention
and other international norms in the field of child
rights protection, it should be taken into account
that the Convention must be applied in
accordance with the principles of international
law, in particular those related to the
international protection of human rights. The
Court considers that Article 8 of the Convention,
which concerns the Contracting States in the case
of the reunification of parents with or their
children, must be interpreted taking into account
the Hague Convention (1980), and the
Convention on the Rights of the Child.
This approach includes the combined and
harmonious application of international
documents, in particular in this case the
Convention and the Hague Convention, taking
into account its purpose and consequences for the
protection of the rights of children and parents.
Such consideration of international legal
provisions should not lead to conflict or
opposition to various international treaties,
provided that the Court can fulfill its task in full,
namely «to ensure compliance with the
obligations assumed by the High Contracting
Parties» of the Convention, by means of
interpretation and application of the provisions of
the Convention in a way that makes its
guarantees practical and effective.
Therefore, the ECtHR examines complaints
related to the violation of rights guaranteed by
the Convention, which «should not be interpreted
in a vacuum» and should «combine the
harmonious application of international
documents». The Convention must be interpreted
in accordance with the general principles of
international law (Parkhomenko, 2022).
The practice of the ECtHR has developed a
number of principles related to the protection of
children's rights:
I. The principle of «ensuring the best interests
of the child». The ECtHR in its precedent
practice developed two conditions that must
be taken into account when determining the
main interests of the child in each specific
case:
1. First, it will be in the best interests of the
child to maintain its ties with the family,
except in cases where the family is
particularly unsuitable or clearly
dysfunctional;
2. Secondly, it will be in the best interests of
the child to ensure its development in a safe,
calm, and stable environment that is not
unfavorable (Mamchur v. Ukraine, 2009).
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According to paragraph 1 of Article 3 of the
Convention on the Rights of the Child, a child is
given the right to have his or her best interests
assessed and taken into account as a primary
consideration when taking any actions or
decisions regarding him or her in both the public
and private spheres.
In General Comments No. 14 (Committee on the
Rights of the Children, 2013) on the right of the
child to pay primary attention to the best possible
protection of his interests (paragraph 1 of Article
3), the UN Committee on the Rights of the Child
formulated the following approaches:
− «Best interests of the child» is a right,
principle, and rule of procedure based on the
assessment of all elements reflecting the
interests of the child or children in specific
circumstances;
− When assessing and determining the best
interests of the child in order to make a
decision on the application of one or another
specific measure, the following procedure
should be followed:
− firstly, taking into account the specific
circumstances of the case, it is necessary to
determine what the relevant elements of the
assessment of the best interests are, fill them
with specific content, and determine the
significance of each of them in relation to
others;
− secondly, for this purpose, it is necessary to
follow the rules that ensure legal guarantees
and proper implementation of this right
(paragraph 46).
When evaluating and determining the best
interests of the child, the following elements
must be taken into account:
Child's views;
The individuality of the child;
Preservation of the family environment and
maintenance of relations;
Care, protection, and safety of the child;
Vulnerable position;
The child's right to health;
The child's right to education.
II. The principle of «balancing the interests of
the child and parents». In particular, the
ECtHR has noted in its practice that there
must be a fair balance between the interests
of the child and the interests of the parents,
and, while maintaining such a balance,
special attention must be paid to the most
important interests of the child, which by
their nature and importance should prevail
over the interests of the parents (paragraph
54 «Hunt against Ukraine») (Resolution
CM/ResDH (2008)64, 2007). X. and
Y. v. the Netherlands, Application
No. 6753/74 (1974), is interesting in this
respect, according to the factual
circumstances of which the applicant, who
was only 14 years old at the time, left home,
as her parents were against her boyfriend.
She hid with him for several days and
fearing police persecution, both young
people turned themselves into the police and
were taken to their parents. Being with your
boyfriend for a few days can be personal. As
a result of the case consideration, the ECtHR
formulated the following key positions:
− Any intervention for reasons of forced return
of the applicant to her parents, as provided
for by the relevant legislation of the
Netherlands and in accordance with the
requirements of the authorities, was a
manifestation of respect for the life of her
family, as well as necessary to protect her
health and morals within the meaning of Art.
8 of the Convention.
− The obligation of children to live with their
parents, and to be otherwise subject to some
control, is necessary to protect the health and
morals of children, although this may, from
a certain point of view of the child, constitute
an interference with his own private life.
III. The principle of «finding out the child's
opinion». «Paragraph 59 of the case «Saviny
v. Ukraine», European Court of Human
Rights, 2008, stipulates the following:
− «Article 12 of the Convention on the Rights
of the Child – States Parties shall ensure that
a child who is capable of formulating his or
her own views has the right to express those
views freely on all matters affecting the
child, and the views of the child shall be
given due consideration in accordance with
his or her age and maturity»;
− «In General Comments No. 12 (2009), «The
right of the child to be heard», of July 20,
2009, the Committee noted that the right of
all children to be heard and taken seriously
is one of the fundamental principles of the
Convention».
The Committee emphasizes that Article 12 does
not establish any age limit on the right of the
child to express his views and does not encourage
States parties to introduce age limits in law or in
practice that would infringe on the child's right to
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be heard on all matters that concern her interests
(paragraph 21).
IV. The principle of «the child's right to be
heard». In the Saviny v. Ukraine case the
Court notes that at no stage of the
proceedings in the case did the judges listen
to the children (including O.S., who in
December 2004, when the proceedings were
ongoing the case in the court of first instance
was thirteen years old), and that as a result
of the execution of the decision on the
removal of children from their parents, they
were not only separated from their families
but also placed in various institutions. Two
of them are raised in another city, far from
Romain, where their parents, and siblings
live, and this makes it difficult to maintain a
regular relationship.
Defendant states, when implementing decisions
of the European Court in cases on the protection
of children's rights, take a variety of individual
and general measures. So, for example, in Great
Britain, after the case «Campbell and Cozens v.
Great Britain» in 1987, the Education Act came
into force, abolishing corporal punishment in
state schools, as well as in state-funded schools
(Campbell and Cosans v. The United Kingdom,
1987). After the case «Johnston and others
against Ireland» in Ireland in 1988 the Law on
the Legal Status of Children entered into force,
equalizing the rights of «legitimate» and
illegitimate children, Application 9697/82, 1986.
After the case «Bouamar v. Belgium»
Application 9106/80, 1995, a law came into force
in Belgium in 1994, prohibiting the juvenile
court from detaining children more than once for
one trial, which determined the maximum term
of detention to be no more than 15 days. Also, the
state created separate premises for teenagers in
relevant institutions.
Conclusions
Thus, we can draw the following conclusions:
1. Analysis of the application of the
Convention and the Protocols in the context
of the protection of children's rights shows
that the Convention on the Protection of
Human Rights and Fundamental Freedoms,
together with the relevant Protocols, does
not directly contain provisions that directly
regulate and protect the rights of children.
However, even in the absence of special
articles, children's rights can be protected on
the basis of the general norms and principles
of the Convention.
2. Applying the norms of the Convention, the
ECtHR developed a system of principles and
standards regulating the legal status of
children in international law. The specified
principles and standards should be taken into
account when considering cases, in
particular, at the national level. They are
binding on states that have ratified the
Convention.
3. When implementing the decisions of the
European Court in cases on the protection of
the rights of children, the defendant states
take a variety of individual and general
measures that allow to improve the system
of protection of children's rights at the
national level.
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