Letter to the Chair from Patricia Lewsley,
Commissioner for Children and Young People, dated October 2009
IMPLEMENTATION OF
STRASBOURG JUDGMENTS
AND DECLARATIONS
OF INCOMPATIBILITY
I am writing in relation to your ongoing review
with regards to the UK's implementation of adverse human rights
judgments.
As you may be aware it is our principal aim
to safeguard and promote the rights and best interests of children
and young people.
I note that you have already directed a number
of questions to the Minister of State for Children, Young People
and Families relating to the cases of Marper v UK as well
as RK and AK v United Kingdom.
With regards to RK and AK v United Kingdom
I note the court's ruling that the decision taken by the state
effectively breached the human rights of the parents. At all times
my paramount consideration must be the best interests of the child
and in consideration of this, while [ appreciate that the litigants
involved in this matter were the parents, I note that there is
no discussion or consideration given to any potential breach of
the child's rights in these circumstances.
I would therefore be keen to determine whether
or not the government are aware or have been aware of cases where
a child or young person who was wrongfully removed from their
parents or taken into care, have issued proceedings seeking redress
of this—whether this be on their own behalf after they reach
the age of 18 or by way of a next friend if they are still
a minor?
I have noted the December 2008 ruling in
Marper v UK and have previously stated my concerns together
with the Children's Commissioners for England and Wales around
the indefinite retention of children's DNA. In particular, you
may be aware that in our joint evidence to the UN Committee on
the Rights of the Child in June 2008 where we argued that
the indefinite retention of children's DNA—including the
DNA of unconvicted children—fails to respect their right
to privacy and family life under Article 16 of the Convention.
You will be aware that the UN Committee shared this view in its
concluding observations in November 2008.
We have urged the UK Government and devolved
administrations to look to the Scottish model regarding DNA retention
as offering a credible balance between private rights and public
interests. Particularly given that the European Court's view that
the Scottish position is "notably consistent" with the
Council of Europe Data Protection Convention. The English and
Welsh Commissioners and I have re-stated our position in August
of this year in a joint response to the recent consultation on
"Keeping the Right People on the UK DNA Database". I
attach a copy of our response to this consultation for your consideration.
If you have any questions, please do not hesitate
to contact me.
October 2009
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