How the ECHR has dealt with PA cases and how their judgement should influence other courts in Europe

Geir Kjell Andersland

Geir Kjell Andersland.

Child rights lawyer Geir Kjell Andersland has particular expertise in children's rights, child protection cases and parental disputes, and undertakes assignments as a speaker alongside his writing activities. Andersland was previously state secretary in the Ministry of Social Affairs. He has also for periods worked as a lawyer.

He will start with article 8 in ECHR. 

He will then focus on  case-law regarding the following issues: 

• The mutual enjoyment by parent and child of each other’s s company represents a fundamental element of « family life» in article 8.

• The primary object of article 8 is to protect the individual against arbitrary action by public authorities.

• But an additional object is the authorities ` s positive obligations to take measures to facilitate reunion between parents and children, unwillingly separated. 

• In matters with regard to parent and child, there is a duty to exercise exceptional diligence in view of the risk that the passage of time may de facto determine the matter.

• In cases concerning children, their best interests are paramount, but cannot be used as a veto power. The parents` s interest in having contact  with their child is also important.