INTRODUCTION
1. This report relates to Application No. 10723/83 lodged against
Sweden by Mrs. Ulla Widén on 17 November 1983 under Article 25
(art. 25) of the Convention for the Protection of Human Rights and
Fundamental Freedoms. The application was registered on
20 December 1983.
The applicant was represented by Mr. Lennart Möller, a lawyer
practising in Stockholm.
The Government were represented by their Agent, Ambassador
Hans Corell, Ministry for Foreign Affairs, and, as Advisers,
Mr. Karl-Ingvar Rundqvist, Chief Legal Adviser, Ministry of Health and
Social Affairs, Mr. Staffan Duhs, Counsellor, Ministry for Foreign
Affairs, Mrs. Gertrud Holmquist, Legal Adviser, Ministry of Health and
Social Affairs, Mr. Håkan Berglin, Legal Adviser, Ministry for Foreign
Affairs, Mrs. Berit Fischer and Mrs. Kajsa Samuelsson, Social Welfare
Officers at the Social Welfare Board of Jönköping.
2. On 15 May 1985 the European Commission of Human Rights
declared the application admissible.* The Commission then proceeded
to carry out its task under Article 28 (art. 28) of the Convention
which provides as follows:
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* This decision is public and can be obtained from the Commission's
Secretary. The decision will be published in the Commission's
official publication entitled Decisions and Reports.
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"In the event of the Commission accepting a petition referred to it:
(a) it shall, with a view to ascertaining the facts, undertake
together with the representatives of the parties an examination of the
petition and, if need be, an investigation, for the effective conduct
of which the States concerned shall furnish all necessary facilities,
after an exchange of views with the Commission;
(b) it shall place itself at the disposal of the parties concerned
with a view to securing a friendly settlement of the matter on the
basis of respect for Human Rights as defined in this Convention."
3. The Commission found that the parties had reached a friendly
settlement of the case and on 10 October 1986 it adopted this Report,
which, in accordance with Article 30 (art. 30) of the Convention, is
confined to a brief statement of the facts and of the solution
reached.
The following members of the Commission were present when the Report
was adopted:
MM. C. A. NØRGAARD
G. SPERDUTI
J. A. FROWEIN
F. ERMACORA
E. BUSUTTIL
G. JÖRUNDSSON
G. TENEKIDES
S. TRECHSEL
B. KIERNAN
A. S. GÖZÜBÜYÜK
A. WEITZEL
J. C. SOYER
H. G. SCHERMERS
H. DANELIUS
G. BATLINER
J. CAMPINOS
H. VANDENBERGHE
Mrs G. H. THUNE
Sir Basil HALL
Mr. F. MARTINEZ
PART I: Statement of Facts
4. The applicant, Mrs. Ulla Widén, is a Swedish citizen, born in
1933 and resident at Jönköping. She has three children: Nils, born in
1964, Harald, born in 1972 and Astrid, born in 1977.
5. On 28 January 1983 the Western Social District Council (sociala
distriktsnämnden väst) of Jönköping applied to the Regional
Administrative Court (länsrätten) of Jönköping for a decision that the
two youngest children be taken into public care under the 1980 Act
with Special Provisions on the Care of Young Persons (lagen med
särskilda bestämmelser om vård av unga). The applicant contested the
application of the Council. By judgment of 9 March 1983 the Regional
Administrative Court decided that the two children should be taken
into public care.
6. The applicant appealed against the judgment to the
Administrative Court of Appeal (kammarrätten) of Jönköping, which by a
judgment of 3 June 1983 rejected the appeal.
7. The applicant lodged a further appeal with the Supreme
Administrative Court (regeringsrätten), which by decision of
22 June 1983 refused to grant leave to appeal.
8. On 12 July 1983 the taking into public care of the two
children was enforced by a representative of the Social Council, a
doctor and a policeman at the applicant's home. The children were
placed in a children's home at Borås.
9. On 12 July 1983 the Social Council decided that the applicant
should be refused access to the children for two months since it was
feared that she would take the children away from the foster home.
This period was subsequently prolonged. On 17 November 1983 the
decision was changed and the applicant was granted visiting rights.
10. On 26 July 1983 the Social Council decided to place the
children in a foster home at Töreboda, which is situated about 120
kilometres from the applicant's home. The applicant appealed against
this decision to the Regional Administrative Court, which by a
judgment of 23 September 1983 rejected the appeal.
The applicant lodged a further appeal with the Administrative Court of
Appeal, which by judgment of 25 November 1983 rejected the further
appeal.
11. On 20 September 1984 the Social Council dismissed a request
from the applicant that the public care of the children should cease.
The applicant appealed to the Regional Administrative Court which in a
judgment of 15 March 1985 ordered that the public care should be
discontinued.
12. The Social Council appealed against this decision to the
Administrative Court of Appeal of Jönköping, which in a judgment of
15 May 1985 rejected the appeal.
13. The judgment of the Administrative Court of Appeal acquired
legal force. The children returned to the mother on 15 May 1985.
14. Before the Commission the applicant submitted that the
separation of the children from her, followed by more than five
months' isolation, violated Articles 3, 9 (art. 3), (art. 9) and
14 (art. 14) of the Convention. She also complained that the purpose
of the public care order was to indoctrinate her children and not to
allow her to keep them in a Christian private school. She therefore
alleged a breach of Article 2 of Protocol No. 1 (P1-2) to the
Convention. Finally, the applicant also complained about the procedure
before the Administrative Courts and about the fact that the judgments
in the case were not publicly pronounced. She alleged a violation of
Article 6 (art. 6) of the Convention in this respect.
Part II: Solution reached
15. Following its decision on the admissibility of the
application, the Commission placed itself at the disposal of the
parties with a view to securing a friendly settlement in accordance
with Article 28 (b) (art. 28-b) of the Convention and invited the
parties to submit any proposals they wished to make.
In accordance with the usual practice the Secretary, acting on the
Commission's instructions, contacted the parties in order to explore
the possibilites of reaching a friendly settlement. Following an
exchange of letters the Secretary and Mr. Erik Fribergh of the
Commission's Secretariat had separate discussions with the parties in
Stockholm on 11 and 12 September 1986. Following these discussions
and after a further exchange of letters the parties agreed on the
terms of a friendly settlement.
16. By letter of 2 October 1986 the Agent of the Government
confirmed the agreement by submitting the following declaration of the
Government:
"In view of the Commission's decision to declare Application
No. 10723/83 admissible, the Government are prepared to make the
following offer in order to terminate the proceedings before the
Commission:
a. The Government will pay the sum of one hundred thousand
(100 000) Swedish Crowns to each of the applicant's two children,
Harald and Astrid.
b. The Government will pay the applicant's legal costs in the
proceedings before the Commission in the amount of one hundred forty
thousand (140 000) Swedish Crowns."
17. In a telex of 7 October 1986 the applicant's representative,
Mr. Lennart Möller, made the following declaration on behalf of the
applicant:
"With reference to Application No. 10723/83 pending before the
European Commission of Human Rights in Strasbourg, and in view of the
offer made by the Swedish Government in their letter of
2 October 1986, I hereby accept the offer and declare Application
No. 10723/83 to be settled.
This declaration is being made in view of the settlement within the
meaning of Article 28 (b) (art. 28-b) of the European Convention on
Human Rights which has been reached in co-operation with the European
Commission of Human Rights in the proceedings concerning this
application."
18. The Commission, at its session on 10 October 1986, noted that
the parties had reached agreement regarding the terms of a settlement.
The Commission further found, having regard to Article 28 (b)
(art. 28-b) of the Convention, that a friendly settlement had been
secured on the basis of respect for Human Rights as defined in the
Convention.
For these reasons, the Commission adopted this Report.
Secretary to the Commission President of the Commission
(H. C. KRÜGER) (C. A. NØRGAARD)