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Whereas two members of the majority, considering that:

the situation in 1956 and 1960 of the public dental service and school
dental care in northern Norway was regarded by the Norwegian Government
as an emergency threatening the well-being of the community in northern
Norway; in particular, in 1956, the Norwegian Government was
confronted, in the exercise of its function, recognised in the
Convention, of protecting public health, with a situation of the public
dental service in northern Norway which had two elements; the inherent
difficulties of administering the service caused by the scattered
character of towns and settlements and the severe climate and
intractable terrain; and a regional shortage of qualified dentists; in
the opinion of the Norwegian Government, there was the threat of a
breakdown in the supply of volunteers from among whom the public dental
service in northern Norway had hitherto been maintained; the Law of
1956 was enacted by the Norwegian Parliament after a full and public
debate; the Commission has frequently held that, although a certain
margin of appreciation should be given to a government in determining
the existence of a public emergency within the meaning of Article 15
in its own country, the Commission has the competence and the duty to
examine and pronounce upon the consistency with the Convention of a
government's determination of this question (cf. Lawless Report, page
85); in the analogous circumstances of the present case, the Commission
cannot question the judgment of the Norwegian Government and Parliament
as to the existence of an emergency as there is evidence before the
Commission showing reasonable grounds for such judgment; hold
therefore, having regard to Article 4, paragraph (3) (Art.4-3) of the
Convention, that the service of Iversen at Moskenes was service
reasonably required of him in an emergency threatening the well-being
of the community and was not forced or compulsory labour; whereas the
majority thus finds that this part of the Application must be rejected
in accordance with Article 27, paragraph (2) (Art. 27-2), of the
Convention;

Whereas to this decision the minority of four members attaches the
following statement:

I. The minority is of the opinion that the conditions under which the
Applicant was required to perform his work in Moskenes, as regards, for
instance, salary, time-limit and professional facilities, do not as
such exclude the applicability of Article 4, paragraph (2) (Art. 4-2),
of the Convention, since the work in question was imposed upon the
Appellant subject to penal sanctions;

II. The same members find that the question of the applicability of
Article 4, paragraph (3), sub-paragraph (c) (Art.4-3-c) of the
Convention requires further examination;

III. Having thus regard to the complexity of the legal problems raised
by the Application and in view of the number of opinions which were in
the course of the deliberations put forward in the Commission and even
among the six members forming the majority which voted in favour of the
inadmissibility of this part of the Application, the members forming
the majority which voted in favour of the inadmissibility of this part
of the Application, the members of the minority do not find it possible
to declare this part of the Application inadmissible as manifestly
ill-founded and are therefore of the opinion that it should be declared
admissible.

As regards the alleged violation of Articles 8 and 11 (Art. 8, 11) of
the Convention

Whereas the Applicant has alleged, in general, that orders directing
persons to take up work in places other than their place of residence
constitute violations of the right of family life guaranteed under
Article 8 (Art. 8) and also of the right to free association with
others as guaranteed under Article 11 (Art. 11)

Whereas the Commission unanimously finds that in the present case the
Applicant has failed to produce any facts substantiating his
allegations that the order issued by the Ministry for Social Affairs
on 14th December 1959 to the effect that the Applicant should take up
his duties as a dentist in Moskenes constituted a violation of the
rights or freedoms guaranteed in Article 8 or 11 (Art. 8, or 11)
whereas it follows that this part of the Application is manifestly
ill-founded and must be rejected in accordance with Article 27,
paragraph (2) (Art. 27-2) of the Convention:

Now therefore the Commission declares this application INADMISSIBLE.
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