Residence Tests Breach Human Rights of Children

Earlier this week, a report published by the Joint Committee on Human Rights, suggested that children’s residence tests breach their human rights, as they do not enable children to be effectively represented within legal proceedings.

Previously, the government outlined draft proposals which would see the implementation of a residence test policy by means of an affirmative statutory instrument.

However, the recent report by the Joint Committee on Human Rights has stated that the government proposals were not introduced by primary legislation, and as such they have urged the government to withdraw the instrument as it is currently drafted.

Reasons behind calling for the government to withdraw the instrument, is because the committee have concerns that residence tests cannot be applied fairly to children, and if it was applied, there would be no way to ensure that the views of children are heard in any proceedings affecting them – as required by Article 12 of the UNCRC, or that a child’s best interests are a primary consideration, as required by Article 3.

Whilst the latest report has stated that children’s residence tests breach their human rights; for those individuals who feel they have had their human rights breached in any way, our experienced solicitors in London can assist.

At Howe and Co, we have a large and dedicated team of human right solicitors, who have extensive knowledge and expertise within a range of human right legal matters; including Article 12 of the UNCRC, rights of association, assembly and free speech.

To find out how our human rights solicitors in London can assist you, contact us today.

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