Redress for former divers and survivors following ruling by the European Court of Human Rights (ECHR)

Redress for former divers and survivors following ruling by the European Court of Human Rights (ECHR)

In a ruling dated 5 December 2013, the ECHR found that Norway has violated Article 8 of the European Convention on Human Rights concerning the right to private life for pioneer divers. The divers were awarded compensation of EUR 8000 each, or approximately NOK 65,000. The Ministry of Labour and Social Affairs has determined that also other divers and the survivors of deceased divers that have found themselves in a similar situation as the divers in this specific case may be entitled to compensation in the amount of EUR 8000. This will apply to divers and survivors who have previously received redress under the 2004 compensation scheme. The relevant divers and families will be contacted by letter from the Norwegian Labour and Welfare Administration, and therefore need not take any action until they have received this letter.

However, the Ministry cannot rule out that others may also be entitled to compensation. This could apply to divers and the survivors of deceased divers who have found themselves in a similar situation as the divers in the case before the ECHR. A 'similar situation' means divers and survivors of deceased divers who have suffered actual injury as a consequence of the State's deficient information regarding various dive tables. Relevant candidates for compensation must document the following in order to qualify for this compensation:

• the person must have performed diver assignments in the North Sea subject to Norwegian petroleum legislation during the period from 1965 through 1990 (can be documented by a copy of the diver's dive log), 

• the person must also have suffered serious injury or illness that is consistent with diving (documented by a doctor's certificate).

Application for such compensation can be submitted to the Norwegian Labour and Welfare Administration at the following address: 

Nav Sentralt Yrkessykdomskontor
Postboks 7062 St. Olavs Plass
0130  Oslo
Norway