336. The Government considers that in England and Wales and in Scotland the United Kingdom is in compliance with article 7 (3) of the European Social Charter which states that: "persons who are still subject to compulsory education shall not be employed in such work as would deprive them of the full benefit of their education". There has, however, been controversy in relation to provisions in by-laws in Northern Ireland; the Committee of Independent Experts to the Charter has argued that the by-laws are inconsistent with the objectives of article 7 (3). The Government believes that the criticism by the Committee is based on a misinterpretation of Northern Ireland law, but it is none the less intended to include provisions in the revised child care legislation for Northern Ireland which will secure compliance with article 7 (3) of the Charter.
Protection of children
337. Article 24 of the Covenant deals with measures of protection for children. There have been a number of developments in the United Kingdom since the last periodic report which increase the protection afforded to children.
Access by a parent to a child in care
338. The European Court of Human Rights found the United Kingdom in breach of the European Convention on Human Rights in this area in five judgements in 1987. In all five cases the European Court, held that there had been a breach of article 6, paragraph 1, of the Convention. That article provides, inter alia, that, in the determination of his civil rights and obligations, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal. Article 14 of the International Covenant on Civil and Political Rights makes similar provision.
In four cases, the Court held that there had been a breach in that the applicants had been unable to have the question of access to their children who were in local authority care determined in court proceedings. In the fifth case, the Court held that a breach had occurred because proceedings relating to the applicant's access to her child in local authority care had not been concluded within a reasonable time.
339. In respect of access decisions, the Health and Social Services and Social Security Adjudications Act 1983 had gone some way towards anticipating the judgement of the Court. That Act enabled parents to apply to the juvenile court for an access order to be made when a local authority terminated or refused all access to a child in care. The Act also required the Secretary of State to issue a code of practice on access to children in care (issued in 1983).
340. The Court also found against the United Kingdom Government in respect of article 8 of the European Convention. Article 8 requires that there shall be no interference by a public authority with the right to respect for family life, except for reasons such as the protection of health or morals or the protection of the rights and freedom of others. In this respect, the Court considered that three applicants had been insufficiently involved in the local authority's decision-making process, and in one case that the question of her future relationship with the child had been determined by mere passage of time and not in the light of all relevant considerations.