The European Court of Human Rights ruled on Tuesday that the Netherlands violated Article 8 of the European Convention on Human Rights, which guarantees the right to respect for private and family life, in a case involving the long-term separation of a mother from her daughter following the mother’s loss of parental authority.
The case concerned a mother whose child was removed from her care in 2015 after concerns about domestic violence, instability, and her mental health. Although initially placed in foster care under temporary supervision, the child remained there permanently after the applicant declined participation in a mother-and-child assessment program. Dutch courts later terminated her parental authority, citing the “acceptable time” expiration for family reunification and serious risks for the child’s development if reunification occurred. The Dutch courts also noted the applicant’s unwillingness to submit to the care and facilities of the appropriate institutions. The applicant argued that authorities failed to take adequate steps to maintain their relationship or reassess contact options in the years following separation.
In its judgment, the court recognized the state’s legitimate aim of protecting the child’s welfare but found that Dutch authorities had not taken sufficient steps to preserve the family bond or explore possibilities for reunification over time. The court reiterated that the complete and long-term severance of contact between a parent and child requires particularly weighty justification and a high level of procedural diligence. The court also observed that there had been no recent assessment of whether re-establishing some form of contact might be appropriate, especially as the child grew older. It criticized the authorities for failing to maintain meaningful engagement with the mother’s evolving circumstances or consider the possibility of rebuilding the relationship in a structured and supported way.
The protection of family life under Article 8 of the European Convention on Human Rights imposes both negative and positive obligations on states. While authorities may intervene where necessary to protect the welfare of children, such interference must be proportionate, justified by compelling reasons, and subject to appropriate procedural safeguards.
