European Convention on Human Rights - LCB v United Kingdom (9 June 1998) European Court of Human Rights

LCB v United Kingdom (9 June1998) European Court of Human Rights

LCB was born in 1966 and was diagnosed as having leukaemia in 1970. She underwent chemotherapy until she was ten and now fears having children who may inherit a disposition for the disease. LCB's father served in the Royal Navy and was present at nuclear testings on Christmas Island in 1957 and 1958. Members of the services, including her father, were lined up in open air at the time of the blast so that, it is alleged, the effects of radiation could be evaluated. The UK government denied this allegation. LCB brought an action against the UK government for contraventions of the European Convention on Human Rights and Fundamental Freedoms (1953) under Article 2 (the right to life), Article 3 (the right to freedom from torture or inhuman or degrading treatment or punishment), Article 8 (the right to respect for private and family life) and Article 13 (the right to have an effective national remedy). The first two allegations were put to the European Commission on Human Rights for an opinion. As the last two had not, the European Court of Human Rights had no jurisdiction to consider them. LCB argued that the UK government failed to monitor the radiation to which her father was exposed and failed to have regard to the risk to her. The Court found, however, that the UK government had not contravened the right to life as records show that the servicemen had not been dangerously irradiated. Moreover there was no clear evidence today that exposure of a father causes or is connected with leukaemia in a child. Therefore the UK government was not in a position to have regard to LCB in 1966. The Court held that there had been no contravention of Article 3 for the same reasons. (Times Law Reports, 15 June 1998)