HUMAN RIGHTS

VIOLATIONS OF CHILDREN'S HUMAN RIGHTS

Our work is based on the understanding that children are independent holders of rights. When public authorities make far-reaching decisions about a child’s life, this places high demands on legality, proportionality, and proper case handling. In practice, however, we see cases where these requirements are not met, and where the consequences for the child and the family are serious and long-lasting.

We assist in cases concerning, among other things:

– Failures by authorities and lack of protection of children
– Unlawful or disproportionate placements
– Errors and deficiencies in municipal investigations and decisions
– Interference with family life without a sufficient legal basis
– Long-term or inappropriate placement processes
– Lack of follow-up and supervision by the authorities

Our approach is legally thorough and rights-based. We review the course of the case, documentation, and decisions with a focus on whether the child’s fundamental rights have been set aside and whether the authorities have fulfilled their duty to protect the child. In relevant cases, we also assess the possibilities of bringing claims for liability and compensation as a result of unlawful interventions or serious case-handling errors.

When national remedies have been exhausted – but hope is not lost

In many children’s cases, families experience that they have taken the case through the entire Danish system – via the municipality, the National Social Appeals Board, and the courts – without feeling that the child’s rights have truly been protected. This can feel like a final conclusion. But even when all national remedies have been exhausted, the case is not necessarily over.

If a case concerning a child raises serious questions about the State’s responsibility – for example in situations involving failures by authorities, unlawful placements, lack of protection, or disproportionate interference with family life – there may in certain circumstances be grounds to proceed with a complaint to the European Court of Human Rights in Strasbourg.

Here, it is assessed whether the State has complied with its obligations under the Convention, including the child’s right to protection, dignity, and family life. A judgment may lead to recognition of the violation, the awarding of compensation, and in some cases changes in administrative practice to the benefit of other children in the future.

At Derch Advokater, we have experience with precisely these situations, where the national process has been concluded but where there may still be a human rights basis for taking the case further – with the child and the child’s rights as the central focus.

Complaint to the European Court of Human Rights (ECtHR)

A complaint to the ECtHR requires careful legal preparation and a thorough assessment of whether the case meets the Court’s strict requirements. We assist, among other things, with:

– Assessing whether the case is suitable for a complaint to the ECtHR
– Drafting the complaint in accordance with the Court’s formal requirements
– Collecting and systematizing the necessary annexes, decisions, and documentation
– Legal assessment of ECtHR case law and comparison with the child’s specific situation
– Ongoing communication with the Court in Strasbourg

A well-prepared complaint can not only lead to compensation, but also to the State being found in violation of the Convention and required to change its practice. In children’s cases, this may have an impact far beyond the individual family and contribute to strengthening legal protection for children in general.

As a law firm, we see it as a fundamental task to help ensure that Denmark lives up to its international obligations towards children. We work purposefully to ensure that children’s rights are not only recognized in theory, but enforced in practice – both nationally and internationally.

Contact us

If you or your child have been subjected to treatment by the authorities which you believe may constitute a violation of human rights, you are welcome to contact us. We will assess the case and help you find the best way forward – whether this involves pursuing the case in Denmark or taking it to Strasbourg.