L.C.B. v. The United Kingdom

Submitted by Kelly Russo on Wed, 06/10/1998 - 00:00
Regional Decisions
European Court

The European Court of Human Rights held that the United Kingdom did not violate Articles 2, 3, 8, or 13 of the European Convention on Human Rights by failing to monitor service personnel following atmospheric nuclear tests on Christmas Island and failing to warn exposed individuals about the possibility bearing children with an inherited disposition toward illness. The applicant, a daughter of a Christmas Island serviceman, claims that such information would have led to her father seeking specialized pre and post-natal monitoring, which could have aided in early diagnosis of her leukemia. Articles 2, 3, 8, and 13 of the European Convention on Human Rights recognize the right of European peoples to life, freedom from inhumane or degrading treatment, respect for their private lives and homes, and an effective national remedy in the event of a violation of the Convention, respectively. The Court held that, given the information available to the State at the time, it could not be expected for the State to take special action with regards to notifying the applicants father about the long-term effects of radiation exposure.