The Enjoyment of Rights and Freedoms: A New Conception of the 'Ambit' under Article 14 ECHR

Article 14 of the European Convention on Human Rights, as applied by the UK judiciary under the Human Rights Act 1998, is in danger of becoming as 'parasitic' as it is often described. Judges have inappropriately narrowed the scope of the 'ambit' of other Convention articles, and thus limited the number of claims to which Article 14 can apply, by defining it according to considerations more properly weighed in a justification analysis incorporating proportionality. The emerging approach departs from Strasbourg jurisprudence, and fails to give full effect to the language and intent of Article 14. This trend need not continue. This article begins the process of fashioning a new conception of the ambit of Convention articles: one that could change the fortunes of Article 14 cases in the UK, but that flows naturally from the precedents of the European Court of Human Rights, and gives effect to the spirit of the HRA.     

MEDIATION IN CHILD PROTECTION IN BRITISH COLUMBIA

The child protection mediation or case conference–implemented under the new Child, Family, and Community Services Act–is a mandatory conference in British Columbia that attempts to provide a plan of care for the apprehended child or children through a combined cooperative effort of parents, social workers, their respective counsel, parties that have an interest in the child's welfare, and the mediation judge. It is also a process that undertakes to counter the adversarial effects of trial where the potential for conflict is great and seeks to achieve the spirit of building solutions through cooperation for the continued care of the child. A year later, the results look encouraging, as two thirds of cases settle and, in British Columbia, unlike any other province, the case conference is made available in every community where court is held.