Care Order Cases in the European Court of Human Rights. Parents vs. children's rights

This article aims to examine the intersection where parents’ rights meet children’s rights in care order cases forwarded to the European Court of Human Rights, and how the court balances such rights in their rulings. The article reveals that both biological parents and children’s rights, in care order cases, are of less significance. It is the child’s interests which is the over-ruling argument. However, the article’s findings reveal that the biological parents’ standing in the ECtHR has increased in the latter years. Previous research has revealed that the ECtHR has turned towards a more child-centered approach in their deliberation (cf. ). This article argues that the ECtHR has taken a turn towards a more family-centered approach, rather than child- or parent-centered.acceptedVersio

The Convention on the Rights of the Child’s Imprint on Judgments from the European Court of Human Rights: A Negligible Footprint?

The European Court of Human Rights (ECtHR) is the sole interpreter of all matters on the European Convention on Human Rights (ECHR) and has no obligations toward any other international law and/or jurisprudence. In the realm of children’s rights, the Convention on the Rights of the Child (CRC) is renowned as the most prominent source for all development of children’s rights. Officially, there is no connection between the ECHR/ECtHR and the CRC. Nevertheless, the ECtHR has acknowledged a reciprocal, harmonious relationship between the two conventions. By analysing all judgments from the ECtHR referring to the CRC, using a combination of quantitative and qualitative document analyses, this article aims to examine the CRC’s footing in the ECtHR. Leaning on concepts of legal mobilisation, lawfare, and availability heuristics, we argue that there has been a clear development in how the CRC is used in and by the ECtHR, indicating that the CRC has an increasingly stronger footing within the Court, especially in the past decade. Additionally, we argue that this development has strengthened children’s rights and that the CRC, at least indirectly, has had and still has a vital role in developing children’s rights within the ECtHR.publishedVersio

Encouraging greater empowerment for adolescents in consent procedures in social science research and policy projects

The CO-CREATE project has received funding from the European Union's Horizon 2020 research and innovation programme under grant agreement No. 774210.The United Nations Convention on the Rights of the Child emphasizes the importance of allowing children and adolescents to influence decisions that are important to them following their age and maturity. This paper explores the principles, practices, and implications around using parental versus child/adolescent consent when participating in social science research and policy development. Experiences from two studies are presented: The Confronting Obesity: Co-creating policy with youth (CO-CREATE) and the Health Behaviour in School-aged Children (HBSC) study, a World Health Organization (WHO) Collaborative Cross-National study. Although parental consent may be an important gatekeeper for protecting children and adolescents from potentially harmful research participation, it may also be considered an obstacle to the empowerment of children and adolescents in case they want to share their views and experiences directly. This paper argues that evaluation of possible harm should be left to ethics committees and that, if no harm related to the research participation processes is identified and the project has a clear perspective on collaborating with the target group, adolescents from the age of 12 years should be granted the legal capacity to give consent to participate in the research project. Collaboration with adolescents in the development of the research project is encouraged.Publisher PDFPeer reviewe

Care order cases in the European Court of Human Rights - Parents' vs. children's rights

At present date, 47 States have committed to the European Convention on Human Rights (ECHR). The Convention aims to give all humans some basic human rights. Children are however not explicitly mentioned. The European Court of Human Rights (ECtHR) is the sovereign authority in interpreting the ECHR. Even though children are not explicitly mentioned in the ECHR, the ECtHR rule in cases involving children. This study aims to see how the ECtHR adhere to children’s human rights in cases involving both adults and children. More specifically, care order cases. By looking at the judicial precedent set by the ECtHR and combining statistical analysis with discourse analysis, this study aims to answer how the ECtHR balance the children’s and parents’ rights when ruling in care order cases. In order to get a better understanding of the main research question, this study will also look at who decides what is in the child’s best interest, to what extent children are granted rights under the ECHR, the ECtHR’s relation to the Convention on the Rights of the Child (CRC) and how the ECtHR assess cases stemming from 47 different judicial systems. The study revealed that both, biological parents and children’s rights, in care order cases where to a certain extent insignificant. It was the child’s interests that were the weighty argument. The finding showed that the ECtHR has in latter years turned towards a more child-centric approach. At present date, what is in the child’s best interests are paramount to consider when assessing care orders

A comparative analysis of the Child Protection Systems in the Czech Republic, Lithuania, Norway, Poland, Romania and Russia

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Epileptological aspects of juvenile neuronal ceroid lipofuscinosis (CLN3 disease) through the lifespan

Purpose Juvenile neuronal ceroid lipofuscinosis (CLN3 disease) is the most common neurodegenerative disorder in childhood with survival until young adult age. Visual loss is followed by epilepsy, cognitive, neuropsychiatric, and motor symptoms. We have studied the evolution of electroencephalographic (EEG) and seizure characteristics. Methods Twenty-four patients were recruited via the Norwegian CLN3 disease parent association. Parents were interviewed. Medical records and EEG reports/recordings were collected. Electroencephalographic elements were classified according to Standardized computer-based organized reporting of EEG (SCORE). The evolution of EEG features along with seizure types was assessed by testing the difference in proportions with standardized normal deviate comparing findings below and above 15 years of age. Results Mean age at study or death (n = 12) was 21.2 (10–39) years. Twenty-two patients had experienced seizures; the first was usually bilateral tonic–clonic (TC). Later, focal motor seizures frequently occurred, often with increasing multifocal and polymorphic features. Paroxysmal nonepileptic motor and autonomous symptoms were also suspected in several patients. Distinct myoclonic seizures were uncommon. In four patients, we identified episodes of bradycardia/sinus arrest. Electroencephalography showed progressive slowing of the background activity (p = 0.029). Focal epileptiform discharges were rare and mainly seen at age < 10. Combined multifocal and bilateral epileptiform discharges increased in adolescence (p = 0.002). Conclusion Seizure and EEG characteristics change with time in CLN3 disease. Tonic–clonic seizures are common at onset, and multifocal motor seizures increase with age. In contrast, focal epileptiform abnormalities are more common in childhood, compared to later multifocal and bilateral discharges. This seizure disorder belongs to the combined generalized and focal epilepsies. Paucity of myoclonic seizures does not warrant classification as a classic progressive myoclonic epilepsy. When attacks with only behavior arrest occur, cardiac conduction abnormalities should be considered

Age-related treatment patterns for stage I NSCLC in three European countries

Introduction: Surgery is the preferred treatment for patients with early-stage non-small cell lung cancer (NSCLC) while stereotactic body radiation therapy (SBRT) may be applied in patients with major comorbidity or high age. We evaluated the association between age and treatment utilization for early-stage NSCLC in patients diagnosed in 2015–2016 in three European countries. Patients and methods: Information was retrieved from population-based registries in England, Norway and the Netherlands. Treatment patterns and two-year overall survival rates for 105,124 patients with clinical stage I were analysed by age-group. Results: Surgical resection rates were higher in Norway (55%) and England (53%) than in the Netherlands (47%), and decreased with increasing age. SBRT use was highest in the Netherlands (41%), followed by Norway (29%) and England (12%). In the Netherlands, SBRT was the prevailing treatment in patients aged 70 years or older. In octogenarians, the proportion not receiving curative intent treatment was 53% in England, versus 35% in Norway and 22% in the Netherlands. Two-year survival rates were better for surgery than for SBRT and slightly better in Norway. Conclusion: In patients aged 70 years or older, the proportion not receiving any curative treatment remains substantial, and differs significantly between countries. Measures to address these disparities are needed

Recurrent malignant ventricular arrhythmias and paresthesia—a mystery revealed as aconitine poisoning: a case report

Abstract Background We report a case of a clinical challenge lasting for 12 months, with severe and unresolved clinical features involving several medical disciplines. Case presentation A 53-year-old Caucasian male, who had been previously healthy apart from a moderate renal impairment, was hospitalized 12 times during a 1-year period for a recurrent complex of neurological, cardiovascular, and gastrointestinal symptoms and signs, without any apparent etiology. On two occasions, he suffered a cardiac arrest and was successfully resuscitated. Following the first cardiac arrest, a cardiac defibrillator was inserted. During the 12th admission to our hospital, aconitine poisoning was suspected after a comprehensive multidisciplinary evaluation and confirmed by serum and urine analyses. Later, aconitine was also detected in a hair segment, indicating exposure within the symptomatic period. After the diagnosis was made, no further episodes occurred. His cardiac defibrillator was later removed, and he returned to work. A former diagnosis of epilepsy was also abandoned. Criminal intent was suspected, and his wife was sentenced to 11 years in prison for attempted murder. To make standardized assessments of the probability for aconitine poisoning as the cause of the eleven prior admissions, an “aconitine score” was established. The score is based on neurological, cardiovascular, gastrointestinal, and other clinical features reported in the literature. We also make a case for the use of hair analysis to confirm suspected poisoning cases evaluated after the resolution of clinical features. Conclusion This report illustrates the medical challenge raised by cases of covert poisoning. In patients presenting with symptoms and signs from several organ systems without apparent cause, poisoning should always be suspected. To solve such cases, insight into the effects of specific toxic agents is needed. We present an “aconitine score” that may be useful in cases of suspected aconitine poisoning