.png)
United Kingdom: tackling poverty is crucial to protect children’s human rights; a number of other areas also call for attention
- Commissioner for Human Rights
- Jul 8
- 5 min read
The Council of Europe Commissioner for Human Rights, Michael O’Flaherty, conducted a visit to the United Kingdom from 30 June to 4 July 2025, during which he focused primarily on child poverty. He also addressed certain other human rights issues, including the management of irregular migration, restrictions on the right to protest, the situation of trans people, and the legacy of the Troubles in Northern Ireland. He expresses his gratitude to the authorities of the United Kingdom for their welcome and cooperation, as well as for the open discussions during the visit.
Poverty deeply impacts on all facets of children’s human rights. The Commissioner appreciates the government’s commitment to reduce child poverty during this Parliament and that it is working towards a Child Poverty Strategy. He welcomes initial steps, such as, from the 2026 school year, expanding free school meals to all children in families in England that receive Universal Credit. He recalls the urgency of implementing further measures as the number of children in destitution continues to increase.
The ending of the two-child limit, which prevents many families from enjoying social security entitlements for their third and following children – and is an outlier in Europe and beyond –, was consistently identified by the Commissioner’s interlocutors as among the most effective and urgent steps to lift children out of poverty. The same is true for the so-called benefit cap, which restricts the overall amount of social security that may be received. Further issues related to the social security system, including as it relates to people with disabilities, have been the subject of intensive debate in the UK. In this regard it is important to ensure that any additional measures do not increase the poverty of children in families that include people with disabilities.
The Commissioner encourages the authorities to look at wider initiatives to support parents and children. In this context, he has heard several complaints about the negative impact of the disappearance of “Sure Start centres”. In this regard, he will follow with interest the announced expansion of family hubs. He also encourages the authorities to further support the essential work of the voluntary sector.
In developing the Child Poverty Strategy, it will be important to take account of diverse challenges in the regions. For instance, the situation of people in rural or remote areas, including islands, requires particular attention. Implications of policy choices for the devolved nations must also be at the forefront of consideration.
The Commissioner is concerned about the deep impact of child poverty on specific groups, including certain asylum seeking and migrant communities. He considers that the “No Recourse to Public Funds” policy, as well as the widespread use of hotels or B&Bs for long-term stay, often entirely unsuitable for families with children, risks negatively impacting on children’s development and well-being.
The Commissioner acknowledges that discussions about child poverty touch upon the allocation of government resources, which are not limitless. However, efforts to address child poverty should not be constrained by fiscal considerations. Addressing child poverty is a matter of human rights.
On the topic of migration in general, the Commissioner was informed about the government’s reviews of how Articles 3 and 8 of the European Convention of Human Rights (ECHR) are applied in the domestic setting, including in relation to removals. The Commissioner recalls that this process should not in any way diminish the ability of domestic courts to fully implement the case law of the European Court of Human Rights in their decision making, and that their independence should be fully respected.
He further discussed issues around externalisation of migration policy to other countries, in the context of reports of the government developing a so-called ‘return hubs’ model. He observes that externalisation of migration management exposes people to human rights risks and urges the authorities to act with caution. The Commissioner will publish an analysis of externalisation policies across Europe in coming months and encourages the authorities to make use of its observations and recommendations.
The Commissioner observes that highly restrictive legal frameworks regarding protests remain in place, which continue to allow authorities to impose severe limits on freedom of assembly and expression, and that raise the risk of over-policing of demonstrations. He notes that problematic additional rules may be put in place through the Crime and Policing Bill currently before Parliament, including potentially disproportionate restrictions on the wearing of face coverings and vaguely defined prohibitions on assemblies in “the vicinity” of places of worship. He encourages a review of such draft provisions.
The Commissioner is concerned about the current climate for trans people. Although they constitute a very small proportion of the population, and face acute marginalisation across all areas of life, trans people have been subject to intense political and public debate and scrutiny, including in the wake of the Supreme Court’s judgment in For Women Scotland Ltd. v. The Scottish Ministers. He observes a tendency to see the human rights of different groups as a zero-sum game, when in reality any tensions will likely be exceptional; nuanced, reasonable and balanced accommodations can be found. He deplores that discussions tend towards the exclusion of trans people from many aspects of society, rather than ensuring that their inclusion and dignity are upheld. The Commissioner reiterates that all relevant legal or policy developments must be human rights-compliant, including in view of the case law of the European Court of Human Rights and other international instruments.
Finally, the Commissioner followed up on his mission to Belfast in February 2025 and had further exchanges regarding the legacy of the Troubles in Northern Ireland. He particularly discussed the steps taken to address the deficiencies of the Legacy Act 2023. He recalled the importance of prompt delivery of a fully ECHR compliant system to address legacy issues that inspires the confidence of victims and families and that can effectively deliver truth and justice.
The Commissioner’s further detailed observations on child poverty as well as on various other issues set out above are forthcoming.
Ahead of the visit, the Commissioner met in Strasbourg with the Lord Chancellor and Secretary of State for Justice, the Rt Hon Shabana Mahmood MP. During his visit to the United Kingdom, the Commissioner met with the Secretary of State for Northern Ireland, the Rt Hon Hilary Benn MP, the Minister of State (Minister for Women and Equalities) at the Department of Education, Baroness Smith of Malvern, the Minister for Transformation at the Department of Work and Pensions, Andrew Western MP, and the Second Permanent Secretary at the Home Office, Simon Ridley. At Parliament, he met with the Chair of the Parliament’s Joint Committee on Human Rights, Lord Alton of Liverpool, and Baroness Lawrence, member of the Committee, and with the Chair of the United Kingdom’s delegation to the Parliamentary Assembly of the Council of Europe, Lord Touhig and other members.
The Commissioner met with the Chair of the Equality and Human Rights Commission, Baroness Kishwer Falkner, and other members of the Commission’s Board. He held extensive discussions with civil society on the issues of focus during the visit. The Commissioner further visited several sites in the East London borough of Newham, including the Newham Community Centre, the Magpie Project, and the XLP Youth Hub, where he heard from children, young people, families and those supporting them for the alleviation of child poverty. The Commissioner also had exchanges with Youth Ambassadors from the End Child Poverty Coalition and with young trans people.
(c) 2025, Commissioner for Human Rights
Comments