Ymwadiad: Nid cyngor cyfreithiol yw hwn. Mae deddfwriaeth a chyfraith achosion yn newid. Ymgynghorwch bob amser â chyfreithiwr cymwys ar gyfer eich sefyllfa benodol.

Pob achos
Human Rights
European Court of Human Rights
2001

Z v United Kingdom

(2001) 34 EHRR 97

Ratio Decidendi

The failure of a local authority to protect children from severe neglect and abuse constituted a violation of Article 3 (prohibition of inhuman or degrading treatment). The state has a positive obligation to protect individuals from treatment contrary to Article 3.

Ffeithiau

Four children suffered years of severe neglect and emotional and physical abuse by their parents. Social services were aware of the situation but failed to take effective action to protect the children for over four years. The case originated from X v Bedfordshire CC in the House of Lords.

Crynodeb o'r dyfarniad

The ECHR held unanimously that the failure to protect the children from prolonged neglect and abuse violated Article 3. The UK had failed in its positive obligation to protect the children from inhuman and degrading treatment. The children were also denied an effective remedy (Article 13).

Dyfyniadau allweddol

"The neglect and abuse suffered by the four applicant children reached the threshold of inhuman and degrading treatment."

The Court

Triniaeth ddilynol

Good law

Important authority on the state's positive obligation under Article 3 to protect vulnerable individuals. Led to the overturning of the domestic immunity from negligence claims against local authorities.