M.L. v. Norway (2020): The "Cognitive" Trap

This judgment exposes a dark side of the Norwegian system: the bias against parents with lower cognitive functioning.

1. The Case

The mother, "M.L.", had a mild intellectual disability. Her daughter was taken into care shortly after birth. The Norwegian courts authorized forced adoption, arguing that the mother's "poor cognitive functioning" made her unfit to care for the child, and that the child had become attached to the foster parents.

2. The ECHR Violation

The ECHR found a violation of Article 8. They criticized the Norwegian courts for:

  • Insufficient Evidence: The courts assumed that "cognitive disability" automatically equals "bad parenting" without concrete proof of neglect.
  • The "Self-Fulfilling Prophecy": By setting contact to a minimum from birth (based on the assumption that the mother would never be good enough), the state prevented any bond from forming. They then used the "lack of bond" as the reason to allow adoption.
Do Better Norge Insight: This case proves that a diagnosis is not a verdict. If you have a cognitive or physical disability, Barnevernet cannot use it as the sole reason to take your child permanently. They must provide support (hjelpetiltak) first.