CASE OF O. AGAINST THE UNITED KINGDOM
Doc ref: 9276/81 • ECHR ID: 001-55481
Document date: March 12, 1990
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The Committee of Ministers, under the terms of Article 54
(art. 54) of the Convention for the Protection of Human Rights and
Fundamental Freedoms (hereinafter referred to as "the Convention"),
Having regard to the judgments of the European Court of Human Rights
in the case of O. against the United Kingdom delivered on 8 July 1987
and 9 June 1988 and transmitted the same days to the Committee of
Ministers;
Recalling that the case originated in an application against the
United Kingdom lodged with the European Commission of Human Rights on
15 December 1980 under Article 25 (art. 25) of the Convention by an
Irish citizen, O., who complained inter alia of the impossibility for
him to have the question of his access to five of his children who
were in public care determined in proceedings that complied with
Article 6, paragraph 1 (art. 6-1), of the Convention;
Recalling that the case was brought before the Court by the Commission
on 28 January 1986;
Whereas in its judgment of 8 July 1987 the Court:
- held unanimously that Article 6, paragraph 1 (art. 6-1), of the
Convention was applicable in the present case;
- held unanimously that Article 6, paragraph 1 (art. 6-1), of the
Convention had been violated;
- held by fifteen votes to two that there had been no violation of
Article 8 (art. 8) of the Convention as regards the procedures followed;
- held by fifteen votes to two that it was not necessary to examine
under Article 8 (art. 8) of the Convention the complaint concerning
an absence of remedies;
- held unanimously that it was not necessary also to examine the case
under Article 13 (art. 13) of the Convention;
- held unanimously that the question of application of Article 50
(art. 50) was not ready for decision;
Whereas in its judgment of 9 June 1988 the Court unanimously:
- decided to strike the case out of the list as far as the applicant's
claim for costs and expenses was concerned, a friendly settlement
having been reached as regards that claim subject to payment by the
Government of 9 235,25 pounds;
- held that the United Kingdom was to pay to the applicant the sum of
5 000 pounds for non-pecuniary damage;
- rejected the remainder of the claim for just satisfaction;
Having regard to the Rules adopted by the Committee of Ministers
concerning the application of Article 54 (art. 54) of the Convention;
Having invited the Government of the United Kingdom to inform it of
the measures which had been taken in consequence of the judgments,
having regard to its obligation under Article 53 (art. 53) of the
Convention to abide by them;
Whereas, during the examination of the case by the Committee of
Ministers, the Government of the United Kingdom gave the Committee
information about the measures taken in consequence of the judgments,
which information appears in the appendix to this resolution;
Having satisfied itself that the Government of the United Kingdom has
paid to the applicant the sum provided for in the judgment of
9 June 1988,
Declares, after having taken note of the information supplied by the
Government of the United Kingdom, that it has exercised its functions
under Article 54 (art. 54) of the Convention in this case.
Appendix to Resolution DH (90) 3
Information provided by the Government of the United Kingdom during
the examination of the case of O. against the United Kingdom before
the Committee of Ministers
It is intended that the Children Act 1989, which received the Royal
Assent on 16 November 1989, will come into force as a whole in
October 1991. Section 34 of the Act contains a number of provisions
which henceforth confer inter alios on parents the possibility of
having all questions of contact with their children placed in local
authority care determined by a court in proceedings complying with
Article 6, paragraph 1 (art. 6-1), of the Convention.