A municipality can be sued for alleged violations of the ECHR

Two brothers who, without a basis, had been registered by the municipality as mentally disabled, brought an action for non-economic damages against the municipality, based on Article 13 of the ECHR, cf. Articles 3 and 8. Unlike the lower instances, the Supreme Court found that the brothers could bring the action against the municipality, instead against State. It was pointed out that the ECHR is as binding on municipalities as it is on the State. The question of who was the correct defendant had to be decided under ordinary national rules, and according internal Norwegian law, actions may be brought against the public body against which the claimant believes to have a claim. The Supreme Court allowed the action to be brought.

Read the whole order (Norwegian only)

Areas of law: Human Rights. Civil procedure. Article 13 of the European Convention on Human Rights. Section 1-3 of the Dispute Act. 

Justices: Indreberg, Noer, Ringnes, Arntzen, Falch