September 05, 2023
By Jill Marshall The ECHR’s text does not explicitly protect cultural rights. This position contrasts with other international human rights treaties such as the International Covenant on Economic, Social and Cultural Rights. However, through its dynamic interpretation of the ECHR’s different articles, substantive rights have been recognised which may fall under the notion of ‘cultural […]
October 23, 2019
In the recent judgment of Strand Lobben and Others v. Norway, the Grand Chamber found a violation of Article 8 ECHR (the right to respect for family life) on account of shortcomings in the decision-making process leading to the adoption of a boy who had been placed in foster care. The Grand Chamber in particular […]
October 10, 2019
By Prof. Marit Skivenes, Centre for Research on Discretion and Paternalism (University of Bergen) The backdrop for the Grand Chamber case, is the dissenting Chamber judgment of 2017 – Strand Lobben vs. Norway – about a boy that had been adopted from foster care. Here, the Chamber concluded it had not been a violation of […]
January 03, 2018
By Amy McEwan-Strand and Prof. Marit Skivenes, Centre for Research on Discretion and Paternalism (University of Bergen) In a case of adoption without parental consent – Strand and Lobben v. Norway – the Fifth Section of the European Court of Human Rights (the Court) did not find a violation of Article 8 of either the […]