Langetava tuomio EIT:stä Norjalle lapsen huostaanottoon liittyen

20.1.2022 | Oikeusuutiset

Markku Fredman

Two judgments concerning care orders issued for children in Norway

In today’s Chamber judgments in the cases of A.L. and Others v. Norway (application no. 45889/18) and E.M. and Others v. Norway (no. 53471/17) the European Court of Human Rights held,unanimously, that there had been:

  • a violation of Article 8 (right to resect for private and family life) of the European Convention on Human Rights in respect of A.L. and Others, and
  • no violation of Article 8 in respect of E.M. and Others.

A.L. and Others concerned a care order issued by the Norwegian authorities in respect of the applicant child and the limitations imposed on the parents’ contact with that child, following questions arounds the child’s safety in their care.

E.M. and Others concerned the refusal by the Norwegian authorities to lift a care order in respect of the two applicant children, an order removing the first applicant’s parental responsibilities, and the refusal to grant her contact rights. The authorities had had concerns around physical and sexual abuse.

The Court found in particular that in the case of A.L. and Others, although the care order had been well-reasoned, the domestic courts had effectively decided that the child should grow up in foster care without considering alternatives or working towards reconciliation, in violation of the applicants’ Article 8 rights.

However, in E.M. and Others the Court held that the domestic proceedings had been carried out in accordance with the Convention, with adequate reasoning and individualised decisions. It noted furthermore the seriousness of the risk to the children that had informed the domestic court decisions.

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