All measures entail some form of disruption of contact between children and their biological parents, and all measures have been approved by domestic courts. The European Court of Human Rights have delivered judgment in eight cases, most prominently the Grand Chamber judgment 10 September 2019 in Strand Lobben and Others, finding a violation of Article 8 of the European Convention on Human Rights (the right to respect for family life).
On 27 January 2021, the Court will once again consider, in the formation of a Grand Chamber, a Norwegian child welfare case. In Abdi Ibrahim v. Norway, the Grand Chamber will consider the extent to which the adoption of a Muslim child by his Christian foster parents, against his biological mother's wishes, gives rise to a violation not only of the biological mother's rights under Article 8 of the ECHR, but also under Article 9 (freedom of religion) and the second sentence of Article 2 of Protocol 1 to the Convention (the right of parents to ensure education and teaching in conformity with their own religious and philosophical convictions).
In a Chamber judgment 17 December 2019, the Court unanimously found that Norway had violated the applicant's Article 8 rights. Being displeased with the Court's scarce consideration of the case's religious aspects, the applicant subsequently successfully petitioned for a reconsideration of the case by the Grand Chamber.
As the Agent of the Norwegian Government before the Strasbourg Court, Marius Emberland will provide an outline of the issues at stake in Abdi Ibrahim and similar cases pending before the Court.
The Chamber judgment in Abdi Ibrahim is available here: http://hudoc.echr.coe.int/spa?i=001-199382."