Cannot see how this case doesn’t have widespread ramifications for survivors of institutional abuse in England & Wales under the Human Rights Act but would like to see more discussion/analysis in UK legal commentary – doesn’t appear to have raised much comment/interest at all….why? Am I missing something here or is it being overlooked?
This guest post was written by Professor Ursula Kilkelly. Professor Kilkelly is Director of the Child Law Clinic at the Faculty of Law of University College Cork, Ireland (see more info below the post, at *).
On 28 January 2014, the Grand Chamber of the European Court of Human Rights handed down its judgment in the case of Louise O’Keeffe and Ireland. The judgment brought to a conclusion a 15 year-long legal battle whereby the applicant – who was abused by her teacher when attending primary school in Ireland – sought vindication of her rights against the state. It also resulted in a ground breaking judgment of the European Court which established beyond doubt that the state has a positive duty to take steps to protect children from abuse under Article 3 of the European Convention on Human Rights (ECHR).
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