European Court of Human Rights: review of the Grand Chamber judgment of 10 September 2019 in the case of Strand Lobben and Others v. Norway (application no. 37283/13)

Настоящий материал (информация) произведён, распространён иностранным агентом Автономная некоммерческая организация «Институт права и публичной политики» либо касается деятельности иностранного агента Автономная некоммерческая организация «Институт права и публичной политики»

Available in Russian


DOI: 10.21128/2226-2059-2019-4-3-7

Keywords: adoption; balance between child’s interests and interests of parents; family reunification; locus standi; the right to respect for private and family life; withdrawal of parental responsibilities

Abstract

The decision of the European Court of Human Rights in the case of Strand Lobben and Others v. Norway considered the complaint of Ms. Lobben (first applicant) acting on behalf of her biological child X (second applicant), who asserted that the refusal to discontinue the public care of X and the deprivation of the first applicant’s of her parental responsibilities and the authorisation granted to X’s foster parents to adopt him had violated Article 8 of the Convention (right to respect for family life). First of all, the Court dismissed the preliminary objection of the Government of Norway and confirmed that the first applicant who did not have the parental responsibilities in relation to child X, did have the standing to lodge an application on behalf of X in relation to X’s adoption. Considering the merits of the case, the European Court proclaimed, that domestic authorities have to strike a balance between child’s interests and interests of parents. At the same time, family unity and family reunification are inherent considerations in the right to respect for family life. The Court concluded that decision- making process leading to the deprivation of the first applicant’s parental responsibilities for X and X’s adoption did not comply with the requirements of Article 8 of the Convention because in this process, not all views and interests of the applicants and the possibility of family reunification were taken into account.

Citation: (2019) Evropeyskiy Sud po pravam cheloveka: obzor postanovleniya Bol'shoy Palaty ot 10 sentjabrja 2019 goda po delu Strand Lobben and Others v. Norway (zhaloba No. 37283/13) [European Court of Human Rights: review of the Grand Chamber judgment of 10 September 2019 in the case of Strand Lobben and Others v. Norway (application no. 37283/13)]. Mezhdunarodnoe pravosudie, vol. 9, no. 4, pp. 3–7. (In Russian).