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Thomas Judge
Thomas Judge, Lawyer
Category: Law
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Experience:  Over 25 years experience in law
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Can the UN convention on the rights of the child be sited and

Resolved Question:

Can the UN convention on the rights of the child be sited and upheld in a UK court
Submitted: 1 year ago.
Category: Law
Expert:  Thomas Judge replied 1 year ago.
In what way?
Customer: replied 1 year ago.
Well, Our childrens' school was closed when malicious things were said in the press about our children, which are still live on their websites. I want to use the article 16, right to protection from the law against attacks against a child's reputation, to persuade the trustees to give some money from the sale of the school to enable the parents and children, some of whom are now adults, to do something about this. It concerns a school called Stanbridge Earls.
Expert:  Thomas Judge replied 1 year ago.
In certain circumstances reference to the UN Convention has a place - it gets cited often in both children cases (normally public law) and human rights cases - but I have never seen in applied as you propose and I would be surprised as to how it could be applied in the way that you seek - particularly as you would be seeking compensation.
Customer: replied 1 year ago.
We wouldn't necessarily be seeking compensation, especially not from the trustees. They are sitting on a couple of million pounds or more, and we have asked for a few grand to take the newspapers to task, for saying things which are now recognised as being completely untrue, because the police and CPS have finished with the case.
Expert:  Thomas Judge replied 1 year ago.
Sadly I not convinced that such a claim lies. Mine is simply one view and you of course can take others.
Customer: replied 1 year ago.
What does article 16 mean then?
Expert:  Thomas Judge replied 1 year ago.
These 'rights' are not rights in UK statute. They are what the UN say children should have as rights. They are often considered by the courts. Art 16 talks about a general right of privacy for children - it sits with the other rights, but it does not necessarily mean that a claim arises from it
Customer: replied 1 year ago.
Well, thank you. There was something in the SCR by Hampshire about the trustees's responsibility and so perhaps we should make more of that.
Expert:  Thomas Judge replied 1 year ago.
I hope that helps -please rate positive - thanks
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