In Principal Reporter v K 2010 the UK Supreme COurt has considered an issue arising from civil procedure in Scotland.
The Supreme Court examined the parental rights and responsibilities of an unmarried father and his status in respect of a Children's Hearing and considered, amongst other issues, the compatibiility of the present Children's hearings scheme with the rights of the father (and child) under the European Convention on Human Rights.
The issue had been raised before the First Division of the Court of Session on January 21st 2010 with a bench including the Lord President Lord Hamilton which refused the father's assertion that his Convention rights had been infringed.
The father appealed to the UK Supreme Court.
At paragraph 32 of his judgment Lord Hope notes that: 'The Scottish Parliament is currently examining the Children’s Hearings (Scotland) Bill, which deals with the standing of unmarried fathers in clauses 80(3) and 185(1). The Parliament is obliged to legislate compatibly with the Convention rights.'
UK Supreme Court: Children's Hearings
In Principal Reporter v K 2010 the UK Supreme COurt has considered an issue arising from civil procedure in Scotland.
The Supreme Court examined the parental rights and responsibilities of an unmarried father and his status in respect of a Children's Hearing and considered, amongst other issues, the compatibiility of the present Children's hearings scheme with the rights of the father (and child) under the European Convention on Human Rights.
The issue had been raised before the First Division of the Court of Session on January 21st 2010 with a bench including the Lord President Lord Hamilton which refused the father's assertion that his Convention rights had been infringed.
The father appealed to the UK Supreme Court.
At paragraph 32 of his judgment Lord Hope notes that: 'The Scottish Parliament is currently examining the Children’s Hearings (Scotland) Bill, which deals with the standing of unmarried fathers in clauses 80(3) and 185(1). The Parliament is obliged to legislate compatibly with the Convention rights.'