Ulla Widén v. Sweden

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Category:: European Court Of Human Rights
Published:: 30 March 2023
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EUROPEAN COMMISSION OF HUMAN RIGHTS

In the Application Ulla Widén v. Sweden. Report

According to the Swedish Tabloids, Ulla Widén's children were taken into care by the social services in Jönköping because her home was untidy.

INTRODUCTION

1. This report relates to Application No. 10723/83 lodged against

Sweden by Mrs. Ulla Widén on 17 November 1983 under Article 25

(art. 25) of the Convention for the Protection of Human Rights and

Fundamental Freedoms. The application was registered on

20 December 1983.

The applicant was represented by Mr. Lennart Möller, a lawyer

practising in Stockholm.

The Government were represented by their Agent, Ambassador

Hans Corell, Ministry for Foreign Affairs, and, as Advisers,

Mr. Karl-Ingvar Rundqvist, Chief Legal Adviser, Ministry of Health and

Social Affairs, Mr. Staffan Duhs, Counsellor, Ministry for Foreign

Affairs, Mrs. Gertrud Holmquist, Legal Adviser, Ministry of Health and

Social Affairs, Mr. Håkan Berglin, Legal Adviser, Ministry for Foreign

Affairs, Mrs. Berit Fischer and Mrs. Kajsa Samuelsson, Social Welfare

Officers at the Social Welfare Board of Jönköping.

2. On 15 May 1985 the European Commission of Human Rights

declared the application admissible.* The Commission then proceeded

to carry out its task under Article 28 (art. 28) of the Convention

which provides as follows:

---------------

* This decision is public and can be obtained from the Commission's

Secretary. The decision will be published in the Commission's

official publication entitled Decisions and Reports.

---------------

"In the event of the Commission accepting a petition referred to it:

(a) it shall, with a view to ascertaining the facts, undertake

together with the representatives of the parties an examination of the

petition and, if need be, an investigation, for the effective conduct

of which the States concerned shall furnish all necessary facilities,

after an exchange of views with the Commission;

(b) it shall place itself at the disposal of the parties concerned

with a view to securing a friendly settlement of the matter on the

basis of respect for Human Rights as defined in this Convention."

3. The Commission found that the parties had reached a friendly

settlement of the case and on 10 October 1986 it adopted this Report,

which, in accordance with Article 30 (art. 30) of the Convention, is

confined to a brief statement of the facts and of the solution

reached.

The following members of the Commission were present when the Report

was adopted:

MM. C. A. NØRGAARD

G. SPERDUTI

J. A. FROWEIN

F. ERMACORA

E. BUSUTTIL

G. JÖRUNDSSON

G. TENEKIDES

S. TRECHSEL

B. KIERNAN

A. S. GÖZÜBÜYÜK

A. WEITZEL

J. C. SOYER

H. G. SCHERMERS

H. DANELIUS

G. BATLINER

J. CAMPINOS

H. VANDENBERGHE

Mrs G. H. THUNE

Sir Basil HALL

Mr. F. MARTINEZ

PART I: Statement of Facts

4. The applicant, Mrs. Ulla Widén, is a Swedish citizen, born in

1933 and resident at Jönköping. She has three children: Nils, born in

1964, Harald, born in 1972 and Astrid, born in 1977.

5. On 28 January 1983 the Western Social District Council (sociala

distriktsnämnden väst) of Jönköping applied to the Regional

Administrative Court

(länsrätten) of Jönköping for a decision that the

two youngest children be taken into public care under the 1980 Act

with Special Provisions on the Care of Young Persons (lagen med

särskilda bestämmelser om vård av unga). The applicant contested the

application of the Council. By judgment of 9 March 1983 the Regional

Administrative Court

decided that the two children should be taken

into public care.

6. The applicant appealed against the judgment to the

Administrative Court of Appeal (kammarrätten) of Jönköping, which by a

judgment of 3 June 1983 rejected the appeal.

7. The applicant lodged a further appeal with the Supreme

Administrative Court

(regeringsrätten), which by decision of

22 June 1983 refused to grant leave to appeal.

8. On 12 July 1983 the taking into public care of the two

children was enforced by a representative of the Social Council, a

doctor and a policeman at the applicant's home. The children were

placed in a children's home at Borås.

9. On 12 July 1983 the Social Council decided that the applicant

should be refused access to the children for two months since it was

feared that she would take the children away from the foster home.

This period was subsequently prolonged. On 17 November 1983 the

decision was changed and the applicant was granted visiting rights.

10. On 26 July 1983 the Social Council decided to place the

children in a foster home at Töreboda, which is situated about 120

kilometres from the applicant's home. The applicant appealed against

this decision to the

Regional Administrative Court

, which by a

judgment of 23 September 1983 rejected the appeal.

The applicant lodged a further appeal with the Administrative Court of

Appeal, which by judgment of 25 November 1983 rejected the further

appeal.

11. On 20 September 1984 the Social Council dismissed a request

from the applicant that the public care of the children should cease.

The applicant appealed to the Regional Administrative Court which in a

judgment of 15 March 1985 ordered that the public care should be

discontinued.

12. The Social Council appealed against this decision to the

Administrative Court of Appeal of Jönköping, which in a judgment of

15 May 1985 rejected the appeal.

13. The judgment of the Administrative Court of Appeal acquired

legal force. The children returned to the mother on 15 May 1985.

14. Before the Commission the applicant submitted that the

separation of the children from her, followed by more than five

months' isolation, violated Articles 3, 9 (art. 3), (art. 9) and

14 (art. 14) of the Convention. She also complained that the purpose

of the public care order was to indoctrinate her children and not to

allow her to keep them in a Christian private school. She therefore

alleged a breach of Article 2 of Protocol No. 1 (P1-2) to the

Convention. Finally, the applicant also complained about the procedure

before the Administrative Courts and about the fact that the judgments

in the case were not publicly pronounced. She alleged a violation of

Article 6 (art. 6) of the Convention in this respect.

Part II: Solution reached

15. Following its decision on the admissibility of the

application, the Commission placed itself at the disposal of the

parties with a view to securing a friendly settlement in accordance

with Article 28 (b) (art. 28-b) of the Convention and invited the

parties to submit any proposals they wished to make.

In accordance with the usual practice the Secretary, acting on the

Commission's instructions, contacted the parties in order to explore

the possibilites of reaching a friendly settlement. Following an

exchange of letters the Secretary and Mr. Erik Fribergh of the

Commission's Secretariat had separate discussions with the parties in

Stockholm on 11 and 12 September 1986. Following these discussions

and after a further exchange of letters the parties agreed on the

terms of a friendly settlement.

16. By letter of 2 October 1986 the Agent of the Government

confirmed the agreement by submitting the following declaration of the

Government:

"In view of the Commission's decision to declare Application

No. 10723/83 admissible, the Government are prepared to make the

following offer in order to terminate the proceedings before the

Commission:

a. The Government will pay the sum of one hundred thousand

(100 000) Swedish Crowns to each of the applicant's two children,

Harald and Astrid.

b. The Government will pay the applicant's legal costs in the

proceedings before the Commission in the amount of one hundred forty

thousand (140 000) Swedish Crowns."

17. In a telex of 7 October 1986 the applicant's representative,

Mr. Lennart Möller, made the following declaration on behalf of the

applicant:

"With reference to Application No. 10723/83 pending before the

European Commission of Human Rights in Strasbourg, and in view of the

offer made by the Swedish Government in their letter of

2 October 1986, I hereby accept the offer and declare Application

No. 10723/83 to be settled.

This declaration is being made in view of the settlement within the

meaning of Article 28 (b) (art. 28-b) of the European Convention on

Human Rights which has been reached in co-operation with the European

Commission of Human Rights in the proceedings concerning this

application."

18. The Commission, at its session on 10 October 1986, noted that

the parties had reached agreement regarding the terms of a settlement.

The Commission further found, having regard to Article 28 (b)

(art. 28-b) of the Convention, that a friendly settlement had been

secured on the basis of respect for Human Rights as defined in the

Convention.

For these reasons, the Commission adopted this Report.

Secretary to the Commission President of the Commission

(H. C. KRÜGER) (C. A. NØRGAARD)

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