London Borough of Barnet v. AG and Others and Secretary of State for Foreign, Commonwealth and Development Affairs

Abstract

Diplomatic relations — Diplomats — Diplomats’ children — Serious concerns about welfare of children — Immunity — Immunity from civil proceedings — Whether diplomatic immunity preventing local authority from seeking interim care orders — Diplomatic Privileges Act 1964 — Vienna Convention on Diplomatic Relations, 1961 — Whether diplomatic immunity subject to prohibition on torture and inhuman and degrading treatment or punishment

Human rights — European Convention on Human Rights, 1950 — Article 3 — Inhuman and degrading treatment or punishment — Human Rights Act 1998 — Diplomatic immunity — Relationship between prohibition on torture and inhuman and degrading treatment or punishment and diplomatic immunity — Whether diplomatic immunity preventing local authority from seeking interim care order — Whether failure to protect children a breach of European Convention on Human Rights, 1950 — Whether taking action to protect children a breach of Vienna Convention on Diplomatic Relations, 1961 — Declaration of incompatibility

Relationship of international law and municipal law — Treaties — Vienna Convention on Diplomatic Relations, 1961 — Diplomatic Privileges Act 1964 — Diplomatic immunity — European Convention on Human Rights, 1950 — United Nations Convention on the Rights of the Child, 1989 — Serious concerns about welfare of diplomat’s children — Relationship between diplomatic immunity and human rights — Whether Diplomatic Privileges Act 1964 and Vienna Convention on Diplomatic Relations, 1961 incompatible with Human Rights Act 1998 and European Convention on Human Rights, 1950

Treaties — Interpretation — Context and purpose — Vienna Convention on Diplomatic Relations, 1961 — United Nations Convention on the Rights of the Child, 1989 — European Convention on Human Rights, 1950 — Whether Vienna Convention on Diplomatic Relations, 1961 disturbed by provisions of United Nations Convention on the Rights of the Child, 1989 — Whether conflict between Vienna Convention on Diplomatic Relations, 1961 and European Convention on Human Rights, 1950 — The law of England