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Related Experiment Video

Updated: Dec 23, 2025

Use of a Video Scoring Anchor for Rapid Serial Assessment of Social Communication in Toddlers
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Case Comment: Re D (A Child) [2019] UKSC 42.

Alex Ruck Keene1, Xinyu Xu2

  • 139 Essex Chambers, London, UK; King's College London, London, UK.

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|April 28, 2020
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Summary
This summary is machine-generated.

Balancing a child's right to liberty (Article 5 ECHR) with parental rights requires careful consideration, especially for disabled children. The Supreme Court case Re D clarifies limits on parental restrictions to protect a child's interests.

Keywords:
ChildChildren ActDeprivation of libertyECHRMental disabilityParental responsibility

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Area of Science:

  • Human Rights Law
  • Child Law
  • Disability Law

Background:

  • The European Convention on Human Rights (ECHR) protects a child's right to liberty under Article 5.
  • Parental rights are protected under common law and Article 8 of the ECHR.
  • Disagreements arise concerning the extent to which parents can restrict a disabled child's liberty in their best interests.

Purpose of the Study:

  • To analyze the balance between a child's right to liberty (Article 5 ECHR) and parental rights (common law and Article 8 ECHR).
  • To determine the legal limits on parental imposition of restrictions on a disabled child's liberty.
  • To examine the implications of the Supreme Court's decision in Re D (A Child) [2019] UKSC 42.

Main Methods:

  • Legal analysis of case law, specifically the Supreme Court decision in Re D (A Child) [2019] UKSC 42.
  • Examination of relevant articles within the European Convention on Human Rights (Article 5 and Article 8).
  • Review of common law principles regarding parental rights and child welfare.

Main Results:

  • The Supreme Court decision in Re D provides guidance on balancing child liberty and parental rights.
  • The ruling emphasizes that parental restrictions on a disabled child's liberty must be demonstrably in the child's best interests.
  • There are legal limits to parental authority when it infringes upon a child's fundamental right to liberty.

Conclusions:

  • The case Re D clarifies that parental rights are not absolute and must be balanced against a child's right to liberty under Article 5 ECHR.
  • Decisions regarding restrictions on a disabled child's liberty require a thorough assessment of the child's welfare and autonomy.
  • The judgment underscores the judiciary's role in safeguarding children's rights within the family context.