Translation Dagbladet 30.09.2016
Human rights court starts investigations of seven cases in the Norwegian CPS
– A number that SHOULD create attention!
Dagbladet): Under the headline «The case that can change the Norwegian CPS permanently », in Dagbladet 12. March this year, informed their readers about a Norwegian child welfare case that had been accepted as a case in The European human rights court (EMD) in Strasbourg.
The case is about a Norwegian mother who’s baby was taken away. The child was later forcefully adopted away to its foster parents.
Out of a total of seven cases, the forced adoption case, will be the first case that EMD has decided to investigate.
In a editor’s article in the June edition of the legal magazine Law and Order, the states own counsel, the attorney Marius Emberland, emphasized the degree of severity in these cases.
“The magnitude of cases, and way they have chosen to investigate them is bound to create international attention”
When the article was published this spring, was EMD in contact Norway with questions about a possible violation of conventional law in five child welfare cases.
Since than two new cases have been added to the pile of child welfare investigators.
«The process in Strasbourg has just started, and the final decision can’t be expected before 2017 . However it’s very interesting to observe EMD, after a long stay in Norway by communicating new cases against Norway, they’ve made a decision to add a total of 5 (now seven) new cases to the investigations, all of them from the same institution. All this in a period where the Norwegian CPS is massively and duly covered in media from different areas around the world», Emberland writes.
Adoptions and foster homes
Since Emberland has been unavailable to comment, attorney with Regjeringsadvokaten, Christian Reusch, answered on Dagbladets questions.
⁃ I can confirm that EMD have commented that a total of 7 CPS cases against Norway, so far. This is a noticeable number of cases simultaneously within the same field. As Emberland addresses in his article, this is a clear indication that EMD wants to persecute Norwegian child welfare, and see if family welfare is in tune with EMK (Den europeiske human rights law), sier Reusch
In the forced adoption case that Dagbladet mentioned earlier the EMD want to see how the foster family’s adoption can be in conflict with the right to have ha family life for the child itself and its siblings, the child’s mother and grandparents.
When the grandparents stepped in and wanted to be foster home for their daughter’s child, they weren’t even taken into consideration.
The second case is actions CPS took against a Polish citizen currently living in Norway, and how these actions violates her right to family life
The third case Court of Human Rights is embarking is about dealing with placement of child in foster care. The question EMD seeks to shed light on, is the child’s mother and the possibility that she can be the victim of a violation, by not placing the child with her parents.
The fourth case EMD has released through a case filed by a Norwegian Roma women, alleging infringement of the right to family life because she can not have contact with her daughter.
The fifth case raises questions about whether various measures, including the decision on adoption of the complainant’s two children, involve the violation of the mother’s right to family life.
Dagbladet knows little about the contents of the last two child welfare cases EMD now has communicated to Norway.
In one case, a mother from Latin America and the father is Norwegian. In the other case is the mother from Somalia. The child is born during her mother’s flee.
– Many have roles to play
Emberland writes in his article that there is “worthy to note that the ECHR-legal aspects have not been considered as principal of the Norwegian judicial bodies that have considered the issues.”
“If it turns out to be a legally justifiable approach, remains of course to see,” he writes.
Further Emberland points out that it is “detrimental to the children involved» that the process leading to a legal endpoint in these cases take several years.
“In this sense, these new cases suitable to illustrate the need for thorough and verifiable human rights assessments in national courts. There are many who have roles to play, ” Marius Emberland writes.
– To remove children from their parents, should be done only as a last resort and for a very short period
The cases which are accounted for in EMD is treated in a climate where Norwegian child welfare are subject to tremendous negative attention in Europe.
Norway is under considerable pressure from the European Parliament, which during the past year have gone out against Norway’s child welfare policy.
Around the world in 2016 they held numerous, and partly large demonstrations against the Norwegian child welfare.
Earlier this month it was announced that the Council of Europe are to investigate if the Norwegian child welfare violate human rights after the much-publicized child welfare case in Naustdal.