DISSENTING OPINION OF MR. SCHERMERS

       With respect to Article 8 I agree with the Commission's Report.

With respect to the length of proceedings I joined the minority.

       I also voted against the conclusion that it is not necessary to

examine separately the complaints under Article 13 of the Convention.

Article 13 requires an effective remedy in case of a violation of a

right or freedom set forth in the Convention. In cases like the present

one, where execution by force is virtually impossible because of the

interests of the child, the effectiveness of possible remedies is one

of the main problems. Practice shows that the execution of court

decisions concerning children may cause substantial difficulties.

Guidance by the Strasbourg institutions seems advisable. I consider

that the Commission should have studied that particular problem.

       In my opinion a remedy spread over a substantial period of time

or even a remedy which, after balancing the different interests, only

partially restores a violated human right may be an effective remedy

in child care cases. In the present case, however, no effective remedy

seemed available. Therefore, there has been a violation of Article 13

of the Convention.

                                                        (Or. English)