Ordo Iuris Institute contributed to the European Court of Human Rights a complaint about the 3 daughters who were taken from their Polish parents – Eve and Robert Klaman – by Swedish authorities in Poland and then exported to Sweden. The Institute's lawyers indicate that the removal of the girls, placing them in foster care and preventing them from contacting their household constituted a violation of the right to household life. This constitutes an offence under Article 8 of the European Convention on Human Rights.
What about the children taken by the Swedish authorities? The complaint concerns an infringement by the Swedish authorities of Article 8 of the European Convention on Human Rights, which guarantees the right to respect for private and household life.
In the opinion of the lawyers of the Ordo Iuris Institute, the removal of daughters from Robert Klaman, the removal of them by Swedish officials from Poland to Sweden in early July 2024, the placing of them in various foster families in Sweden, the concealment of daughters' whereabouts from their parents by decision of the Swedish Commission for Social Welfare (Socialnämnden) and the prevention of direct contact with daughters, constituted a violation of their right to household life.
The European Court of Human Rights in Strasbourg has repeatedly pointed out in its case-law that the separation of the household constitutes a very serious interference in household life, and the removal of the kid is the most extremist measurement that can be utilized as the eventual method of defending the kid in the event of a direct threat to the child's welfare.
It should be noted that after returning from Sweden with children to Poland in February 2024, before the children were taken and taken back to Sweden, the Klaman household lived in the territory of the Republic of Poland for 4 months. At the time, the children were with their parents, and Polish institutions investigating the situation of the household (the curator and the staff of the social services centre) did not see any request to take the children, as they found no danger to their welfare. The girls’ parents’ work was successful.
The Court has repeatedly stressed in its case law that since the removal of children constitutes a very serious interference in household life, specified a decision should be duly and duly justified. In the rulings of the Swedish authorities on the Klaman family, it is in vain to look for arguments that would indicate the danger of the welfare of Klaman's younger daughters from parents.
The courts relied on the preliminary findings of the Swedish Commission on Socialnämnden, which issued a decision to immediately collect the children. In the reasons for the rulings of the Swedish courts of individual instances, the first argument adopted by Socialnämnden is simply reproduced. The Swedish courts did not take into account, at least, the evidence from the proceedings before the Polish court, which showed that there was no hazard to the welfare of children, justifying their removal from parents.
Specialists in Poland considered it adequate to supply support to the household by the aid institutions. The discrepancies in the findings of the Polish and Swedish authorities were not verified in any way by the Swedish authorities. The actions of the Swedish authorities should be regarded as not gathering the criterion of proportionality (adequacy) referred to in Article 8(2) of the Convention referred to above.
We besides recommend: OMZRiK lost to Andrzej Duda in court. But he made quite a few money out of naives.
