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Border Agency again

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  1. #11

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    Quote Originally Posted by kimwy66:
    Artilce 9 of human rights declaration is about religious freedom. The only article that deals with family life is article 8. http://en.wikipedia.org/wiki/Europea...n_Human_Rights

    There have been one court cases regarding the child's right to live with their family, which were denied because the parent's decision to live in the EU country involved was a conscious one, and the family were previously living together in another country outside the EU prior to deciding to come to the EU.

    I can find no reference to a child's rights in respect of a family life with both parents sadly. I'm sure if it was an angle to try it would have been tried.
    I was talking about the UN 'rights of the child'

    http://en.m.wikipedia.org/wiki/Conve...s_of_the_Child

    But I suspect they would argue the point you raised: the child could live with parents elsewhere. But surely a child had a right to live in its own country?

  2. #12

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    ...though thinking about it, that arguement makes no sense. The uk gov wouldn't say it was ok for a child to be abused in the uk because the family had lived in another country were it wasn't being abused and had made a decision to move to the uk. Therefore if they don't want their child to be abused they should live somewhere else.


  3. #13

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    When I argued this point they indeed said that we could live as a family abroad


  4. #14

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    Then what was the point of the uk signing it? 'Yes we agree to all this- we just agree that you should do it somewhere else'.


  5. #15

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    Quote Originally Posted by usehername:
    Then what was the point of the uk signing it? 'Yes we agree to all this- we just agree that you should do it somewhere else'.
    It's been like that since it was signed in 1989. The UN Rights of the Child convention is not part of UK or EU law, nor is there any procedure to take an individual complaint against a country to the UN. The only legal body dealing with UN Human Rights is the international Criminal court, which only deals with mass rights violations.

    The EU Human Rights Act is the only vehicle to take an action against an EU country, and that doesn't talk about Children's rights to a two parent family.

    We can only hope for common sense to prevail in the UK government.....oh, shit.
    usehername and ouwen like this.