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Z v United Kingdom

[2001] 2 FLR 612

Case summary last updated at 18/01/2020 19:53 by the Oxbridge Notes in-house law team.

Judgement for the case Z v United Kingdom

 Ps had been abused by their parents and successfully sued R for not intervening when it was clear that article 3 of ECHR (inhuman and degrading treatment) was being breached. The European Court of Human Rights said that the signatory countries had a duty to ensure that the treaty was not violated. Since it had failed to prevent article 3 being breached and failed to provide effective remedy (art 13), it had to pay damages. Because the HL had refused to extend the duty of care to this new category in X v Bedfordshire (failure of social services to intervene), the plaintiffs had been refused a remedy to the breach of article 3 at domestic law. 

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