The case of Z and Others v United Kingdom was a landmark human rights case decided by the European Court of Human Rights in 2001. The case involved four siblings who had been severely neglected and abused by their parents for several years, while the local authority failed to take adequate protective measures despite being aware of the situation. The siblings sued the United Kingdom for violating their rights under Article 3 (prohibition of inhuman and degrading treatment), Article 6 (right to a fair trial), Article 8 (right to respect for family life) and Article 13 (right to an effective remedy) of the European Convention on Human Rights.
The Court found that the local authority’s failure to protect the children amounted to inhuman and degrading treatment in breach of Article 3, as the children had suffered serious physical and psychological harm that diminished their human dignity and adversely affected their development. The Court also found that the children had not been afforded an effective remedy under Article 13, as they had no appropriate means to determine the local authority’s responsibility for the damage suffered and to obtain an enforceable award of compensation. The Court awarded the children 60,000 pounds sterling each in respect of non-pecuniary damage and 15,000 pounds sterling each for costs and expenses.
The Court did not find a violation of Article 6, as it considered that the domestic proceedings had been fair and impartial, and that the children had been adequately represented by their guardian ad litem and their solicitors. The Court also did not find a separate issue under Article 8, as it considered that the breach of Article 3 had sufficiently covered the interference with the children’s family life.
The case is relevant for several reasons. First, it established that states have a positive obligation under Article 3 to protect individuals from serious harm inflicted by private actors, especially when those individuals are vulnerable and dependent on state authorities. Second, it highlighted the importance of providing effective remedies for victims of human rights violations, including adequate compensation and access to justice. Third, it demonstrated the role of the European Court of Human Rights in supervising the compliance of states with their obligations under the Convention and in ensuring respect for human dignity and fundamental freedoms.
(1) Z v UK Case Summary – LawTeacher.net. https://www.lawteacher.net/cases/z-v-uk.php.
(2) ECHR – HUDOC. https://hudoc.echr.coe.int/app/conversion/docx/?library=ECHR&id=001-59455&filename=CASE%20OF%20Z%20AND%20OTHERS%20v.%20THE%20UNITED%20KINGDOM.docx&logEvent=False.
(3) Z v United Kingdom [2001] 2 FLR 612 Case Summary – Oxbridge Notes. https://www.oxbridgenotes.co.uk/law_cases/z-v-united-kingdom.
(4) Z and Others V. United Kingdom: Human Rights, Private Law Duty, and …. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=894326.
(5) Oxford Public International Law: Z and ors v United Kingdom, Merits and …. https://opil.ouplaw.com/abstract/10.1093/law:ihrl/2901echr01.case.1/law-ihrl-2901echr01.
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