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Sunday, May 27, 2012

[Tort] Z v UK (Case to refer to : Osman v UK)

Article 3 -  Prohibition of torture.

- No one shall be subjected to torture or to inhuman or degrading treatment or punishment

bedraggled - dirty and disheveled
disheveled - of a person's hair/appearance untidy 
inter alia - among all other things
inextricably - impossible to disentangle/seperate


Facts :- 
A local authority failed to separate four children from their mother even though it was clear that the children were being abused and neglected over a four-year period. 
The Court found that the authority had a positive obligation to remove the children as soon as they became aware of abuse that might amount to inhuman or degrading treatment.

All four children suffered psychological and physical damage resulting from the abuse and neglect of their parents over a period of more than four years. 

Whilst the Court noted the Government’s submission that there was no finding that the children should have been taken into care immediately, the severity of the damage was inextricably linked the long period of time over which the abuse persisted. 
Awards would be made as follows for medical treatment and loss of employment opportunities.

Held : Z's rights were breached because of the local authority's failure to prevent abuse, also constituted inhuman treatment. 

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