Communicated on 20 September 2016
FIFTH SECTION
Application no 15379/16
Mariya ABDI IBRAHIM
against Norway
lodged on 17 March 2016
STATEMENT OF FACTS
The applicant is a Somalian national and a Muslim who arrived in Norway in 2009. In 2010 her child, A, was taken into public care. In 2014 the Child Care Protective Authorities decided to deprive the applicant of parental responsibility of A and approved the adoption of A to a Christian family. The decision was upheld by a final Supreme Court decision in 2015.
Complaints
The applicant complains under Article 8 of the Convention that, her right to respect for her family life has been infringed by the domestic authorities´ decision to deprive her of custody of A and to allow A´s adoption.
Furthermore, the applicant complaints under Article 9 of the Convention that the Norwegian courts approved A´s adoption by foster parents of Christian faith who would baptise him and give him a Christian name.
QUESTIONS
1. Has there been a violation of the applicant’s right to respect for her family life, contrary to Article 8 of the Convention, through the authorities’ decision to allow A’s foster parents to adopt him and to rule out all contact rights between the applicant and A?
2. Having regard to the fact that A was adopted by a family of Christian faith, does a separate issue arise under Article 9 of the Convention as regards the applicant’s or A’s right to freedom of religion? If so, has there been a violation of the applicant’s or A’s freedom of religion, contrary to Article 9 of the Convention?
Full & Egal Universal Law Academy