A childs' right to family life when placed in public care; an analysis of whether current Norwegian practice is in systematic contradiction to human rights

Abstract

Based on both ECHR and CRC being incorporated into Norwegian law and underpinning the Child Welfare Act, this study aimed to clarify whether the current Norwegian practice is in systematic contradiction to human rights. The article is based on 94 Norwegian care orders comprising 117 children from newborn to 16 years old and analysis whether the child and parents' right to contact are safeguarded in the care orders. Contradictions and dilemmas between Conventional rights and Norwegian practice are addressed. The article's contribution presents analytical results, which describe the County Social Welfare Boards' practice when issuing care orders. The result reinforces the suspicion that current Norwegian practice may be in systematic contradiction to human rights.