Resolution CM/ResDH(2022)327

Execution of the judgments of the European Court of Human Rights

Two cases against Norway

(Adopted by the Committee of Ministers on 23 November 2022 at the 1449 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

64789/17

F.Z.

01/07/2021

01/07/2021

5947/19

M.F.

25/11/2021

25/11/2021

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection 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 “the Convention” and “the Court”,

Having regard to the final judgments transmitted by the Court to the Committee in these cases and to the violations established of the biological parents’ right to family life due to shortcomings in the balancing exercise of competing interests and the decision-making processes by the Norwegian child welfare authorities and courts concerning adoption of their children or overly restrictive contact rights with their children after they had been taken into foster care;

Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

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

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the action plan provided by the government indicating the individual measures adopted to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see documents DH-DD(2022)659 , DH-DD(2022)659-add , DH-DD(2022)915 , DH-DD(2022)1157 );

Considering that the question of individual measures was resolved;

- in the case of F.Z. , given that the applicant’s request for reopening of the adoption decision was carefully considered and rejected by the domestic courts in a duly substantiated decision with reference to the Convention, the best interests of the children and the Convention rights of all parties involved;

- in the case of M.F ., given that the child was returned to the applicant in July 2020, after the application was lodged before the European Court, but before the judgment was delivered;

Recalling that the question of general measures required in response to the shortcomings found by the Court in these judgments continues to be examined within the framework of the Strand Lobben and Others group of cases and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures required;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination of these cases.