Resolution CM /ResDH(2007)34 [1]

Execution of the judgment of the European Court of Human Rights

K.A against Finland

(Application No. 27751/95, judgment of 14 January 2003, final on 14 April 2003)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the P rotection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter referred to as “the Convention” and “the Court”),

Having regard to the judgment transmitted by the Court to the Committee once it had become final;

Recalling that the violation of the Convention found by the Court in this case concerns the failure of the authorities to take adequate measures to reunite the applicants with their children placed in foster care (violation of Article 8) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the mea s ures taken in order to comply with Finland ' s obligation under Article 46, paragraph 1, of the Conve n tion to abide by the judgment;

Having examined the information provided by the government in accordance with the Committee ' s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, within the time-limit set, the respondent state paid the a p plicant the just satisfaction provided in the judgment (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgment, the adoption by the respondent state, where appropriate, of

- individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- general measures preventing, similar violations;

Having examined the measures taken by the respondent state to that effect, the details of which appear in the Appendix,

DECLARES that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case and DECIDES to close the examination of this case.

Appendix to Resolution CM /ResDH(2007)34

Information on the measures taken to comply with the judgment in the case of

K.A against Finland

Introductory case summary

This case concerns the taking of the applicant ' s three children into care in 1992 and their placement in a foster family in 1993, following a finding of the competent authorities concerning family conditions that might endanger the children ' s development (violation of Article 8).

The European Court found that the competent authorities, when implementing the Child Welfare Act, had infringed the applicant ' s right to family life because they failed to take sufficient steps to reunite the applicant ' s family following the placement of the children in foster care. Thus, the authorities failed to conduct a periodic, concrete review of the need to keep the children in public care and adopted severe restrictions on the applicant ' s right to visit his children. These restrictions reflected the fact that the reunification of the natural family was not really being considered (§§ 142, 143 of the judgment). When the Court delivered its judgment, only one of the three children (born in 1986) was still a minor. This case presents similarities, particularly with regard to the attitude of the national authorities, with that of K. and T. against Finland case (judgment of 12 July 2001, Grand Chamber).

I. P ayment of just satisfaction and individual measures

a) Details of just satisfaction

P ecuniary damage

Non-pecuniary damage

Costs and expenses

Total

-

8 000 EUR

11 219,96 EUR

19 219,96 EUR

P aid on 26/05/2003

b) Individual measures

The two older children have already reached the age of majority. In its letter of 18 June 2003, the Finnish delegation stated that the youngest child, J., who was nearly seventeen, met his parents each month and did not wish to leave his foster family. No complaint about this arrangement has been received from the applicant. The youngest child has now also reached the age of majority.

II. General measures

The K. and T. case mentioned above has been closed by a final resolution, ResDH(2006)50, adopted on 2 November 2006, following in particular the confirmation of the dissemination of the Court ' s judgment to the competent authorities. Furthermore, the Finnish authorities have initiated a reform of the Child Welfare Act to strengthen the protection of children and families by clarifying the criteria according to which their rights may be restricted and by enhancing the guarantees provided by the legal remedies existing in relation to such restrictions.

1) Legislative changes: The Child Welfare Act was partially modified by a law which entered into force on 1 November 2006. The law, inter alia , regulates in more detail contacts between a child placed in substitute care and his or her parents and clarifies the way in which appeals may be lodged against decisions imposing restrictions on these contacts.

Furthermore, the Child Welfare Act is to be replaced by a new child welfare act which was already presented to P arliament on 3 November 2006. The purpose of the new act is to review and render more explicit some aspects of the Child Welfare Act, the following elements in particular:

- municipal decision-making from the point of view of the legal protection of the child and the family in child welfare matters of extreme importance;

- child participation, in particular, taking truly into account the points of view of children of all ages when carrying out measures pertaining to child welfare;

- considering how and at what stage a child becomes a client of social welfare authorities, analysing the contents and extent of the needs of child welfare;

- provisions concerning the notification made to the social welfare authorities concerning the need of a child to be protected; determining who is under the obligation of giving such a notification, the extension of the contents or reasons for giving such a notification;

- procedures connected to individual and family-oriented child welfare;

- a more precise description in the new law than in the existing one of the procedure for taking a child into custody, including the preparative measures;

- the situation and status of a child in substitute care and the quality of substitute care;

- the procedure of decision-making concerning custody directly enforced by an Administrative Court .

The new Child Welfare Act was adopted by the P arliament on 14 February 2007 and it will enter into force on 1 January 2008.

2) Training: A child welfare promotion programme, which aims at enhancing the knowledge of Social Affairs staff, is being carried out until the end of 2007. Also, within the framework of the programme, an internet-based manual on child welfare will be prepared for the use of professionals.

3) P ublication and dissemination: The judgment of the European Court has been translated and published in the Finlex database and distributed to the relevant authorities, the highest courts, the P arliamentary Ombudsman, etc.

III. Conclusions of the respondent state

The government considers that the general measures adopted will prevent similar violations and that Finland has thus complied with its obligations under Article 46 paragraph 1 of the Convention.

[1] Adopted by the Committee of Ministers on 20 April 2007 at the 992nd meeting of the Ministers’ Deputies