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The influence of the European Court of Human Rights on the discretion of street-level bureaucrats

Abstract

This article examines the influence of the European Court of Human Rights (ECtHR) on the discretion of street-level bureaucrats (SLBs) in Norwegian child protection services (CPS). Drawing on survey data from 143 social workers at the frontline of the CPS, the study analyses whether, why, and how the Court’s critique has impacted their perceived discretionary space. With Norway facing multiple ECtHR rulings concerning violations of Article 8 of the European Convention on Human Rights regarding the right to private and family life, Norwegian child protection practice has changed in ways that fall beyond the scope of the Court’s critique. This study argues that some of the explanations lie in SLB’s exercise of discretion. The findings reveal that the ECtHR’s critique of Norwegian CPS has influenced SLB’s perceptions of discretionary freedom and decision-making thresholds, and that operational powerlessness and meaningfulness correlate with perceptions of discretion. Moreover, the study identifies substantial individual variation in the Court’s influence on SLB’s perceived discretion. The challenges and policy implications of disparate influence and potential tensions between law and professional discretion are discussed.

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Posted in: Journal Article Abstracts on 11/12/2026 | Link to this post on IFP |
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