CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 6 juin 1991

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }          The Committee of Ministers, under the terms of Article 54 (art. 54) of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the Convention"),           Having regard to the judgment of the European Court of Human Rights in the Eriksson case delivered on 22 June 1989 and transmitted the same day to the Committee of Ministers;           Recalling that the case originated in an application against Sweden lodged with the European Commission of Human Rights on 7 December 1984 under Article 25 (art. 25) of the Convention by Mrs Cecilia Eriksson, a Swedish national, acting on behalf of herself and of her daughter Lisa, who complained inter alia of prohibitions on removal of her daughter from her foster home after public care had terminated and of restrictions on their access to each other.   The applicant also complained that no court remedy was available to challenge these restrictions on access;           Recalling that the case was brought before the Court by the Commission on 13 September 1988 and by the Government of Sweden on 8 November 1988;           Whereas in its judgment of 22 June 1989 the Court:         - held unanimously that the severe and lasting restrictions on access imposed on the applicants without any basis in domestic law, combined with the long duration of the prohibition on removal, amounted to a violation of Article 8 (art. 8) of the Convention;         - held unanimously that the lack of a court remedy to challenge the restrictions on access gave rise to a violation of Article 6, paragraph 1 (art. 6-1), of the Convention, as regards Cecilia Eriksson and, by fifteen votes to five, as regards Lisa Eriksson;         - held unanimously that, as regards both applicants, it was not necessary to examine this same point also under Article 13 (art. 13) of the Convention;         - held unanimously that there had been no other violations of Article 6, paragraph l (art. 6-1);         - held unanimously that there had been no violation of Cecilia Eriksson's rights under Article 2 of Protocol No. l (P1-2), taken alone or together with Article 13 (art. 13+P1-2) of the Convention;         - held unanimously that Lisa Eriksson could not claim to be a victim of the alleged violation of Article 2 of Protocol No. l (P1-2), taken alone or together with Article 13 (art. 13+P1-2) of the Convention;         - held unanimously that Sweden was to pay, for non-pecuniary damage, 200 000 Swedish crowns to Cecilia Eriksson and 100 000 Swedish crowns to her daughter Lisa and, for legal costs and expenses, 100 000 Swedish crowns to Cecilia Eriksson;         - rejected unanimously the remainder of the claim for just satisfaction;           Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 54 (art. 54) of the Convention;           Having invited the Government of Sweden to inform it of the measures which had been taken in consequence of the judgment of 22 June 1989, having regard to its obligation under Article 53 (art. 53) of the Convention to abide by it;           Whereas, during the examination of the case by the Committee of Ministers, the Government of Sweden gave the Committee information about the measures taken in consequence of the judgment, which information appears in the appendix to this resolution;           Having satisfied itself that the Government of Sweden has paid the first applicant, on behalf of herself and of her daughter, the sums provided for in the judgment,           Declares, after having taken note of the information supplied by the Government of Sweden, that it has exercised its functions under Article 54 (art. 54) of the Convention in this case.                  Appendix to Resolution DH (91) 14          Information provided by the Government of Sweden           during the examination of the Eriksson case                before the Committee of Ministers   According to the new act containing special provisions on the care of young persons, which was enacted on 8 March 1990 and came into force on 1 July 1990, any decision concerning prohibition on removal will henceforth be taken by the Regional Administrative Court upon an application from the competent Social Council.   Under section 26 of the act, decisions on prohibition on removal will be reviewed by the Social Council at least every three months.   A temporary prohibition on removal may be issued by the Social Council but must, according to section 34 of the act, be reviewed by the court within two weeks.   Under section 31 of the Aact, the parents' right of access to a child subjected to a prohibition on removal will be decided by the Social Council.   Its decisions can, however, according to the provisions of section 41, paragraph 5, of the act, be appealed to the Regional Administrative Court.   Furthermore, section 33 of the act provides that all questions relating to this act must be decided speedily.   The sums awarded by the Court were paid by decision dated 27 July 1989.   As regards the first applicant's complaint that since the Court's judgment she still has no effective access to her daughter Lisa, the Government of Sweden wishes to recall that under Swedish law (Chapter 21, sections 5 and 6 of the Parental Code) enforcement of a court's decision concerning access cannot take place against the wish of a child who has reached the age of twelve unless the court finds it necessary in the best interest of the child.   In the present case, Lisa Eriksson reached the age of twelve on 24 February 1990, that is eight months after the Court's judgment.   The Swedish administrative courts have in current proceedings found that the enforcement of existing decisions concerning access would be contrary to Lisa Eriksson's own wish.