ABSTRACT
The absence of children's rights standards from the European Convention on Human Rights is probably most critical with regard to the need to protect the child from harm or physical ill-treatment. Article 3 of the Convention prohibits torture, inhuman and degrading treatment and punishment. The Commission's reference to the Convention on the Rights of the Child, as well as the observations of the United Nations Committee following its consideration of the UK's implementation of the Convention, is illustrative of a dynamic approach. Although Article 13 expressly requires that a remedy be made available at domestic level for a violation of a Convention right, the right to legal protection from abuse and ill-treatment has been found to be implicit in Articles 3 and 8 also. The obligation to provide access to an effective remedy under Article 13 arises where the applicant has an 'arguable' claim that he is a victim of a violation of the Convention.
