Resolution CM/ResDH(2021)43
Execution of the judgment of the European Court of Human Rights
Jansen against Norway
(Adopted by the Committee of Ministers on 11 March 2021
at the 1398th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
2822/16
JANSEN
06/09/2018
06/10/2018
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);
Having regard to the final judgment transmitted by the Court to the Committee in this case and to the violation established on account of the authorities’ decision to deprive the applicant of contact with her child, who was in foster care, without giving sufficient weight to the duty to facilitate family reunification and the risk that the child could completely lose contact with her mother and be alienated from her Roma[1] identity (violation of Article 8);
Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:
- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;
Having examined the information provided by the government, indicating the measures adopted to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see documents DH-DD(2020)58 and DH-DD(2020)1048);
Considering that the question of individual measures was resolved, given that the Child Welfare Services have repeatedly tried to contact the applicant to no avail and that she has not made use of the domestic avenues available to her;
Recalling that the question of general measures required in response to the shortcomings found by the Court in this judgment continues to be examined within the framework of the Strand Lobben group of cases and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures required;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case as regards the individual measures and
DECIDES to close the examination of this case.
[1] The term “Roma and Travellers” is used at the Council of Europe to encompass the wide diversity of the groups covered by the work of the Council of Europe in this field: on the one hand a) Roma, Sinti/Manush, Calé, Kaale, Romanichals, Boyash/Rudari; b) Balkan Egyptians (Egyptians and Ashkali); c) Eastern groups (Dom, Lom and Abdal); and, on the other hand, groups such as Travellers, Yenish, and the populations designated under the administrative term “Gens du voyage”, as well as persons who identify themselves as Gypsies. The present is an explanatory footnote, not a definition of Roma and/or Travellers.
Full & Egal Universal Law Academy