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Implementing International Human Rights Case Law at the Domestic Street-Level: The Case of Norwegian Child Protection

Human Rights
Public Administration
Social Policy
Courts
Judicialisation
Hege Stein Helland
Universitetet i Bergen
Hege Stein Helland
Universitetet i Bergen

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Abstract

This study examines the implementation of European Court of Human Rights (ECtHR) judgments in the domain of child protection in Norway, focusing on the impact of international case law on local bureaucracies. From 2015 to 2024, the ECtHR communicated 80 complaints regarding Norway's child protection practices. Among these, the Court finds that Article 8 of the European Convention on Human Rights was violated in 23 instances. Despite extensive scholarship on the broader implications of international law on national policy, its influence on local bureaucracies is less studied. This study investigates the effects of the ECtHR’s judgements at the street level by interviewing 14 managers in local child protection agencies. Employing a bottom-up approach, the research draws on organisational theory and street-level implementation theory to analyse how ECtHR judgments have influenced managerial practices and induced adjustments within child welfare services. The findings reveal both intended and unintended outcomes stemming from judicial decisions, highlighting the crucial role of street-level bureaucrats in translating legal mandates into practice. This study contributes valuable insights into the dynamics of policy enforcement in public administration, revealing the complex interactions between international legal obligations and local administrative actions in the realm of child protection.