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Domestic Violence in Child Protection Cases before the European Court of Human Rights: Double Victimisation of Abused Parents?

ABSTRACT In a number of child protection cases, the European Court of Human Rights (ECtHR) has concluded that the child should remain in foster care or can be forcibly adopted because of the history of domestic violence between the parents, even when the abused parent has been found to be capable of child care. In the cases examined here, the ECtHR did not take into consideration the situation of the parent who experienced intimate partner violence. On the contrary, that parent's inability to leave an abusive relationship was used as an argument against reunite child and parent. This practice raises the question of whether the interpretation of the ‘best interests of the child’ principle has gone too far, at the expense of the right to family life of the abused parent who thus suffers double victimisation – as a victim of domestic violence, and as a victim of the Court’s jurisprudence that accepts the severance of family ties.