For mye av det gode – Anvendelse av forholdsmessighetsprinsippet når barnevernet skal hjelpe

Abstract

This article discusses the question whether Norwegian child welfare services should and can apply the legal principle of proportionality when deciding on providing voluntary based measures for the child and its family. Starting with the premise that the proportionality principle applies to administrative coercive measures, the article examines if the principle should and can be applied in administrative decision making regarding supportive voluntary measures. To examine this question the article discusses sources on the proportionality principle as such and the understanding and application of the principle in Norwegian, Danish, Swedish and Finnish law. These sources taken in combination with the discussion on administrative voluntary measures’ character of interference, it is argued for and concluded cautiously with that the Norwegian child welfare services should and can apply the proportionality principles in decisions regarding voluntary based measures.