«Barnets lov» i overensstemmelse med retten til familieliv? Tvangsadoptioner i et menneskeretlig perspektiv
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As part of a larger reform package, Children First, the Danish parliament recently proposed significant amendments in the Danish Children’s Act. The reform seeks to grant children more participatory rights in decisions that affect their childhood, and ensure more continuity and stability for vulnerable children. To achieve the latter, the legislative amendments proposed seek to extend domestic authorities’ ability to grant non-consensual adoption, including before a child is born. The aim of this article is to scrutinise the proposal in light of the right to family life under the European Convention on Human Rights. Taking recent case law from the European Court of Human Rights (ECtHR) in a series of cases against Norway as its point of departure, it teases out key principles and requirements when it comes to interferences in the right to family life that involve the separation of children from their biological parents. The article argues that Danish law and practice is already testing the limits of article 8, and that further concessions are likely to result in violations of parents’—as well as children’s—right to family life under the Convention. Informed by the ECtHR’s recent case law, the article thus contributes a human rights perspective to the current reform debate, and proposes specific measures to ensure greater alignment with Denmark’s international obligations.
|Nordisk socialrättslig tidskrift
|Published - 2023
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