CASE OF ERIKSSON v. SWEDENCONCURRING OPINION OF JUDGES BINDSCHEDLER-ROBERT, PINHEIRO FARINHA,
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Document date: June 22, 1989
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CONCURRING OPINION OF JUDGES BINDSCHEDLER-ROBERT, PINHEIRO FARINHA,
PETTITI, SIR VINCENT EVANS, MACDONALD, CARRILLO SALCEDO AND VALTICOS
The Court has noted in paragraph 91 of its judgment that Lisa Eriksson
was never formally a party to the proceedings relating to the
prohibition on removal. Nevertheless her interests were directly
affected by those proceedings and could not be assumed to be
consistent with those of any of the other parties involved. This is a
consideration relevant to the fairness of the proceedings on the part
of Lisa. It appears that under Swedish law a special guardian could
have been appointed to protect her separate interests (see
paragraph 44 of the Court's judgment). There is no evidence that this
procedure was followed in the present case. No complaint in this
respect has been made on her behalf before the Court. In our opinion,
however, the appointment of a special guardian would appear to have
been an appropriate and desirable step in the circumstances of the
case.