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dc.contributor.authorBendiksen, Lena R. Lauritsen
dc.date.accessioned2023-09-25T11:25:50Z
dc.date.available2023-09-25T11:25:50Z
dc.date.issued2019-11-19
dc.description.abstractChildren`s right to respect for family life is widely recognised in Norwegian law. The specific provision on children’s human rights in the Norwegian Constitution, section 104, mentions family. In addition, section 102 states that everyone, including children, have a right to respect for private and family life. The Convention on the Rights of the Child (crc) and the European Convention on Human Rights (echr), in article 8, have strongly influenced both provisions. The crc and the echr are both incorporated into Norwegian law, and both have a semi-constitutional status, since they take precedence over conflicting domestic legislative provisions.1 Children’s right to respect for family life is recognised both at a constitutional and a semi-constitutional level. In many specific aspects, domestic statutory law also recognises children’s rights in this context.<p> <p>The aim of this chapter is to introduce and discuss some questions concerning the protection of children’s right to respect for family life in Norway. To do this, I will first give a brief overview of some of the legislative protection given. Thereafter, the main objective is to examine whether the constitutional reform in 2014 strengthened the protection children already had through semi-constitutional and domestic statutory law, and to examine whether children’s right to family life is given proper attention both in the legislation and case law. I will examine some aspects regarding the establishment of family, children in post-divorce families and children in foster care. Finally, I will discuss the approach the European Court of Human Rights (ECtHR) has assumed in two recent cases concerning children’s right to family life in Norway. The aim is not to discuss the notion of family, the protection of family life in general, nor the potential tension between the right to family life versus the right to privacy and private life.en_US
dc.identifier.citationBendiksen LL: Children's Constitutional Right to Respect for Family Life in Norway: Words or Real Effect?. In: Haugli t, Nylund A, Sigurdsen R, Bendiksen LL. Children’s Constitutional Rights in the Nordic Countries, 2019. Brill|Nijhoff p. 317-337en_US
dc.identifier.cristinIDFRIDAID 1799226
dc.identifier.doi10.1163/9789004382817_017
dc.identifier.isbn978-90-04-38281-7
dc.identifier.issn2405-8343
dc.identifier.urihttps://hdl.handle.net/10037/31191
dc.language.isoengen_US
dc.publisherBrill|Nijhoffen_US
dc.rights.accessRightsopenAccessen_US
dc.rights.holderCopyright 2019 The Author(s)en_US
dc.rights.urihttps://creativecommons.org/licenses/by-nc/4.0en_US
dc.rightsAttribution-NonCommercial 4.0 International (CC BY-NC 4.0)en_US
dc.titleChildren's Constitutional Right to Respect for Family Life in Norway: Words or Real Effect?en_US
dc.type.versionpublishedVersionen_US
dc.typeChapteren_US
dc.typeBokkapittelen_US


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Attribution-NonCommercial 4.0 International (CC BY-NC 4.0)
Except where otherwise noted, this item's license is described as Attribution-NonCommercial 4.0 International (CC BY-NC 4.0)