THE KING (on the application of CVN) v LONDON BOROUGH OF CROYDON
[2023] EWHC 464 (Admin)
AG (A Child), Re
18 November 2022
[2022] EWCA Civ 1505
Court of Appeal
A child was abused by her diplomat parents, and the UK couldn't fully protect her because of their immunity. The court said the UK did enough to protect her under the circumstances, and breaking international rules about diplomat immunity to do more would cause bigger problems.
Key Facts
- •AG (a 17-year-old, 14 at the time of events) and her five siblings suffered severe ill-treatment and abuse by their parents while their father was an accredited diplomat in the UK.
- •The London Borough of Barnet attempted to intervene but was hindered by the Diplomatic Privileges Act 1964 (DPA) and the Vienna Convention on Diplomatic Relations 1961 (VCDR), which granted the father diplomatic immunity.
- •Barnet sought a declaration of incompatibility, arguing that the immunity provisions were incompatible with Article 3 of the European Convention on Human Rights (ECHR), which prohibits torture and inhuman or degrading treatment.
- •The Divisional Court rejected Barnet's application, finding no conflict between the ECHR and the DPA/VCDR.
Legal Principles
Article 3 ECHR prohibits torture and inhuman or degrading treatment; includes a positive obligation on states to take effective measures to prevent such acts, particularly towards vulnerable persons.
European Convention on Human Rights
Diplomatic agents enjoy immunity from the criminal, civil, and administrative jurisdiction of the receiving state (with exceptions).
Vienna Convention on Diplomatic Relations 1961 (VCDR) and Diplomatic Privileges Act 1964 (DPA)
The Human Rights Act 1998 (HRA) requires UK legislation to be interpreted compatibly with Convention rights where possible; if not possible, a declaration of incompatibility can be made.
Human Rights Act 1998
State's obligation under Article 3 ECHR is to act to the greatest extent reasonably practicable; considerations of reasonableness, proportionality, and available powers are relevant.
ECtHR jurisprudence (Osman, Smiljanic)
In interpreting the ECHR, account must be taken of any relevant rules of international law applicable between the parties; treaties should be interpreted harmoniously where possible.
Vienna Convention on the Law of Treaties (VCLT) Article 31(3)(c) and ECtHR jurisprudence (Al-Adsani, Demir, Al-Dulimi)
Outcomes
Appeal dismissed; declaration of incompatibility refused.
The court found that while the system's ability to protect children of diplomats was less effective due to immunity, it did not violate Article 3. The ECtHR has not established that Article 3 overrides the VCDR, and breaching the VCDR would have serious repercussions. It would not be reasonably practicable for the UK to breach the VCDR.