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Abstract

In this chapter, I will present and discuss children’s right to family life according to the Norwegian Constitution, sections 102 and 104. Both sections give children some kind of constitutional protection for their family life, strongly influenced by the Convention on the Rights of the Child (crc) and the European Convention on Human Rights (echr).

The aim of this chapter is to give an overview of the protection of children’s right to respect for family life in Norway, and to examine and discuss whether the constitutionalizing has had any essential legal effect on domestic legislation and case law. After the introduction, I will give an overview of the protection of children’s family life in Norway. I will also examine the legal effect of the constitutionalizing. Some areas of child law will be examined, particularly, the standing of a child’s right to respect for family life, and for a possible change or development promoted by the constitutionalizing. The areas examined will be the establishment of the child’s family, children in post-divorce families and children in foster care. In the end, I will discuss two judgments by the European Court of Human Rights (ECtHR) concerning Norwegian children’s right to family life before I make some concluding remarks.

In: Children’s Constitutional Rights in the Nordic Countries
The book presents a comparative study of children’s constitutional rights in Denmark, Finland, Iceland, Norway and Sweden. The authors discuss the value of enshrining children’s rights in national constitutions in addition to implementing the Convention on the Rights of the Child (CRC). Central issues are whether enshrining children’s rights in the Constitution improves implementation and enforcement of those rights by providing advocacy tools and by mandating courts, legislators, policy-makers and practitioners to take children’s rights seriously. The study assesses whether the Nordic constitutions are in line with the child rights approach of the CRC both on a general level and in detail in three domains; the best interests of the child, participation rights, and the right to respect for family life.
In: Children’s Constitutional Rights in the Nordic Countries
In: Children’s Constitutional Rights in the Nordic Countries
In: Children’s Constitutional Rights in the Nordic Countries
In: Children’s Constitutional Rights in the Nordic Countries
In: Children’s Constitutional Rights in the Nordic Countries
In: Children’s Constitutional Rights in the Nordic Countries