Olav Sylte
By Olav Sylte, lawyer
They demonstrate in front of the Norwegian Parliament and are heatedly active on the internet, their common denominator being that they think the justice system is not working at all. At least not when it comes to Norwegian child protection (CPS) – Barnevernet. Now they may have found acceptance for being at least partially right.
Norway is in fact no longer considered to be typically best in class, at least not in an honest way, and this apparently also applies to child protection and the legal system.
The European Convention on Human Rights (ECHR)
The question I am raising here is not that of exploitation of natural resources, pollution or the use of dope in sports, but the basic issue of whether Barnevernet’s intervention in families and homes has been “necessary” interference in these families in the human rights sense.
The alternative is that it may have been grave transgression of human rights.
Article 8-2 of the European Convention on Human Rights (ECHR) is the rule that states the requirement of “necessity”, and this is what has been subject to debate lately.
The European Court of Human Rights (ECtHR)
My reason for taking this up now is that the European Court of Human Rights (ECtHR) has set in motion this year something resembring a unique, grand action against our child protection and justice system.
In a European context, it is rare that something like this happens. So it does not really surprise me that our Minister of Children and Equality had to give a rather sensational statement to the daily news on October 18.
The action started with the ECtHR admitting a Norwegian child protection case about forced adoption, to be considered under the possibility of violation of ECHR Article 8 last year. Human rights jurist Marius Reikerås was the one to submit the case and according to the media, he has had to move abroad as a result of his activity.
This case has probably, in conjunction with extensive demonstrations and criticism of the Norwegian child protection system over the past year, opened a fertile ground for other cases to get through the narrow needle’s eye which the ECtHR usually keeps.
The action revolves around the investigation of, so far, 7 Norwegian cases, several of them about adoption, and the question of whether ECHR article 8, including the requirement of “necessity”, has been violated.
(About the action: “Angriper barnevernet – Storoffensiv mot Norge: Menneskerettsdomstolen skal granske sju norske barnevernsaker” (Attacks Barnevernet – Grand offensive against Norway: The ECtHR is to investigate 7 Norwegian child protection cases) )
Even the fact that so many cases on the same issue have been admitted for proceedings, justifies the assertion that child welfare critics have already achieved a resounding win over Norwegian Barnevernet and the legal system that we have.
No self-criticism on the part of Barnevernet
Norwegian child protection gives the impression that the opposite has happened, and pretends that they do not even know of the ECtHR’s recent activity.
To illustrate this, I can mention a case on adoption in which I represented the parents before a County Board a few days ago.
In this case the municipality’s lawyer held that the human rights provision is not even applicable in matters of adoption, even though adoption is the most intrusive and serious intervention which the authorities can use against parents who do not agree to having their child adopted away.
The municipal lawyer claimed not to have heard anything about the ECtHR being involved in any proceedings regarding forced adoption, and had absolutely no knowledge of any activity of the ECtHR this year.
Certainly the central child protection authorities do not seem to have issued any instruction to curtail anything.
The Attorney General
Even the Attorney General, who has a habit of supporting the practice of the authorities, has recently stated that he is aware that the Norwegian child protection system may have got “out of control”.
This was in the summer. Subsequently, two more Norwegian cases were admitted to the ECtHR for consideration in the Court (the number of cases thus being increased from 5 to now 7).
( His statement: “Det norske barnevernet under lupen” (Norwegian Barnevernet under close scrutiny) )
Paralyzed Minister
The headline in the newspaper Dagbladet said that the Minister of Children and Equality, too, does not rule out the possibility that Norwegian Barnevernet and the justice system may systematically have violated human rights, like the critics have over several years claimed they do. This at least is my interpretation, based on the newspaper report, of what the Minister said.
I hope somebody will as soon as possible explain to Minister Horne that she is in fact responsible and can issue instructions as she sees fit.
The responsible Minister is expected to immediately have her Ministry instruct all Barnevern offices in the country to change tack before it is too late.
The correction may come from outside
The assertion and the lack of information about the media image shown by the municipal lawyer I mentioned above, may serve as an illustration of the Norwegian child protection system and the zealous legal system that we have.
We have a system which does not dare to admit that it may have made terrible errors, in matters of basic human rights and dignity. That is actually what ECHR Article 8 really is about.
When even the Minister does not manage to take action before it is too late, but just concludes that something may be wrong, there is perhaps only one option left, and that is that the correction must come from outside.
I assume that if this is the case, what happens might be somehat more brutal. Only time will tell and the minister still has a few months to clean house.
Further limitation of the freedom of expression of the involved parties
I have written about this subject for many years. I have also been reported to the Bar Association’s disciplinary unit for it. This is the side of Minister Horne which I have seen, besides the article in Dagbladet.
( More here: “Bufdir til klagesak mot advokat” (The directorate for child protection makes complaint against lawyer) )
Furthermore, a year ago I wrote the following:
“If someone is to be criticized besides the psychologist in the current case, it is above all the Norwegian courts with the Supreme Court in the lead. This because the threshold for intervention in private homes may have been set too low in general, and probably all too often in violation of ECHR Article 8. I have yet to see someone criticize, with similar campaigns, the Norwegian courts for this.”
I believe this claim is just as relevant today – but this is of scant help for those who have already lost their children. They can, however, expect to be invited by Horne to seminars, in the election campaign of the Progress Party which has started.
• • •
Olav Sylte is a Norwegian lawyer who has represented the families in many child protection cases, and who is also active writing articles about such issues in e.g. periodicals, newspapers and on his website Rett og urett (Justice and injustice). The Norwegian original of this article, “Brakseier for ‘barnevernsdemonstrantene’!”, was published on October 19, 2016.
This English version is published here with the author’s kind consent.
• • •
Thank you to Professor Marianne Haslev Skånland for making me aware of this article and for obtaining permission for me to print it here. I have found Professor Skanland to be one of the most knowledgeable Norwegians on this tragic subject.
THE ORIGINAL POST MAY BE VIEWED HERE.
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Posted by Chris 
LET THE CHILDREN BE SET FREE
November 15, 2016It is, once again, time to share information about worldwide human rights abuses. Back in April, I shared this video featuring children wearing shirts naming real abused Norwegian children. The song was written and performed by Cristian Cazacu. He explains the purpose of the song in a video below.
A modern worldwide movement has begun. The epicenter is the country of Norway.
Norway’s CPS, called the Barnevernet, has such an atrocious record when it comes to separating children from biological parents for little or no reason that cities all over the world held demonstrations earlier this year. Hot Springs, Arkansas was one of those cities. The demonstrations in Norway continue and the issue has made many aware of similar problems in other countries. There has been good news and bad news in Norway since this video was made.
The Good News
A few high profile cases have been won in court, not a common thing in Norway. The people of Norway are becoming more aware of the internal problems and, despite a great amount of pressure, the numbers of protesters is growing.
The Bad News
It appears that new laws are being discussed that will increase the powers of an already frightening and disastrous system. Norwegians continue to be intimidated and scared by a government “Child Protection” service that appears to fear nothing, even condemnation by international human rights groups.
**
Recently, a local state legislator whom I know discovered a similar problem with Arkansas’ DCFS. Evidence has surfaced in a local case that information was “covered up.” Unlike Norwegian politicians, my local State Senator is confronting the issue.
In a recent FB post, my State Senator wrote:
“The legislature passed laws dictating that DCFS and juvenile courts first try to place children with relatives before foster care. Some DCFS employees and some judges are reluctant to follow that law. They fear that a relative that has not been vetted “might” harm the child. That is a legitimate fear. But why is that more of a fear than that a foster parent may hurt a child? And how about the proven trauma to children when they are completely separated from their entire family and support network?”
He also pointed out how a mother from Los Angeles, California won $3,000,000 in a lawsuit and that similar lawsuits will be started in Arkansas if necessary. The Californian mother’s child had been taken for no good reason like so many cases in Norway.
The Norwegian Barnevernet seldom tries to place children with relatives. In cases that I am aware of, children are split up and never see their siblings again until they are 18 or older. The Barnevernet is not afraid of lawsuits because it has abused its power in many cases over many years without repercussion.
What can be done?
Like my State Senator, Norwegian politicians have to become concerned. My State Senator became concerned because of his Christian convictions and his decency as a human being. Norwegian politicians must know of this problem as their country has become the focus of worldwide attention.
I have tried to remember to contact the Norwegian Prime Minister every so often via her Facebook page. I will try and do this every other day, expressing my concerns, from this day forward. Her name is Ms. Erna Solberg and you can get to her facebook page by clicking HERE.
A Facebook friend of mine has created an excellent blog site with information about how you can contact important authorities in Norway. If enough of us make comments, along with pressure from within Norway, maybe Norwegian leaders will see that a change cannot be avoided.
Here is the website and a big thank you to Mike Snow who has rightly pointed out that, “A few people contacting politicians are only looked at as a nuisance. A thousand people posting and emailing information to them would feel like a Tsunami!”
LIGHT FOR DARK TIMES
At this site, you can click on a link to Solveig Horne’s (Minister of Children and Equality, Barnevernet head) Facebook Page.
You can also get to it by clicking HERE.
Together, we can make a difference.
Chris Reimers
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