Anufrijeva v Southwark London Borough Council [2004] QB 1124,

Summary

The Court of Appeal considered that, whilst article 8 is capable of imposing a positive obligation to provide support, it was hard to conceive of a situation where article 8 required a person to be provided with welfare support where his predicament was not sufficient to engage article 3 (inhuman or degrading treatment). The Court of Appeal did, however, consider that if a child’s welfare was at stake, article 8 may require the provision of welfare support to allow the family life to continue.

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