THE RIGHTS OF THE CHILDREN IN THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS Cover Image

ПРАВА ДЈЕТЕТА У ПРАКСИ ЕВРОПСКОГ СУДА ЗА ЉУДСКА ПРАВА
THE RIGHTS OF THE CHILDREN IN THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS

Author(s): Ljiljana Mijović
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, EU-Legislation
Published by: Правни факултет Универзитета у Бањој Луци
Keywords: European Court of Human Rights; European Convention on Human Rights; right to life; liberty and security; right to a fair trial; right to respect for private and family life; freedom of thought;

Summary/Abstract: While it is true that children’s rights as a separate category do not exist in the European Convention on Human Rights, there are numerous cases involving these rights in the European Court’s case law. Most of these cases were related to the articles of the Convention that protect right to life, liberty and security, right to a fair trial, right to respect for private and family life, freedom of thought, conscience and religion, freedom of expression, freedom of assembly and association , right to education and prohibition of discrimination. The present case-law shows that, thanks to the principle of universality before the European Court, children are treated not as objects of protection, but as the procedure subjects. This paper deals with the analysis of the leading principles taken by the Court while considering children’s rights. The Court’s case-law shows additionally that the Court, led by the fact that children are the most vulnerable social category , in each and every of these cases, applied not only the European Convention, but all the available international children’s rights protection instruments.

  • Issue Year: 2019
  • Issue No: 52
  • Page Range: 39-58
  • Page Count: 20
  • Language: Serbian