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A Negligent Blow to Children at Risk: MAK and RK v United Kingdom (European Court of Human Rights)
Author(s) -
Greasley Kate
Publication year - 2010
Publication title -
the modern law review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 22
eISSN - 1468-2230
pISSN - 0026-7961
DOI - 10.1111/j.1468-2230.2010.00829.x
Subject(s) - law , convention , human rights , duty , duty of care , political science , kingdom , compensation (psychology) , order (exchange) , high court , common law , psychology , business , social psychology , paleontology , finance , biology
In MAK and RK v United Kingdom the European Court found that the absence of a common law duty of care owed to parents by doctors falsely suspecting them of their child's abuse violated the European Convention on Human Rights. This appears to be so even where the suspicion is a reasonable and blameless one to make, all things considered. In such circumstances, the court's decision to find that a parents' Convention rights had been unjustifiably infringed, and to order compensation accordingly, is likely to have the effect of frustrating the effective protection of children genuinely at risk of abuse.