The title of this master’s thesis is “The liability for damages of the municipality due to lack of duty to act and supervision with children”.
The subject of this master’s thesis is the liability for damages of the municipality when it has caused violation of human rights, due to lack of supervision with children.
The motivation to write about this branch of jurisprudence is caused by the intense focus on cases where children have been exposed to care failure, violation or sexual abuse in their homes. Despite the fact that the municipalities have received several notifications and information, regarding disturbing circumstances, the local authorities have not taken measures to protect the children.
The theoretical method, which is used in this master’s thesis to document the possibilities of compensation in this type of cases aims to describe applicable law. In order to describe the applicable law this master’s thesis includes national legislation, international law and case law to constitute the basis for a conclusion on the legal status of this area of law.
Section 1 in this master’s thesis constitutes the purpose with the thesis, and explains the methodical considerations. The section also includes a discussion of the value of the sources of law, which are included in this master’s thesis.
Section 2 describes the process of Danish social security law in relation to children. The section includes a description of relevant law reforms since 1990.
Section 3 concerns a review of the obligation to make notifications of disturbing conditions in homes where children grow up.
Section 4 deals with the statutory duty to supervise with children. The duty applies to municipalities and includes a duty to act in the cases where the municipalities have or ought to have knowledge about care failure or abuse.
Section 5 deals with a presentation of the obligations arising from international conventions. Including a presentation of the European Convention on Human Rights (ECHR) which, when it is violated, forms the basis for an action for damages. Individuals, whose human rights have been violated can institute proceedings due to a claim for compensation. Section 6 describes the general law of damages and the legal of liability of the municipalities. In order to exemplify the access to make a claim for damages relevant case law will be included.
Section 7 concerns revised legislation concerning the Danish Limitation Act. The changes in legislation in this area ensures that children who have been exposed to sexual assaults have the opportunity to raise a claim for damages regardless any period of limitation.
Section 8 discusses whether the municipalities have legal basis to pay compensation without a prior court decision. This discussion includes consideration of the principle of legality and the possibilities that which have been given with the local government mandate.
Section 9 concerns the fact that it is predicted that there will be more similar cases about claim for damages due to the municipalities’ lack of supervision in the future.
Section 10 puts the subject into perspective by considering which impact it has, that the subject concerns children. It is thus discussed whether this branch of jurisprudence is subject to increased sympathy because is concerns children.
Section 11 makes a conclusion to the statements of the problems, which are introduced in this master’s thesis. The conclusion seeks to clarify which terms that provides access to claim for damages when the municipalities acts passive to the obligations as provided by law.