Abstract
Health and social services providers throughout Europe areincreasingly aware of the possibility of litigation from serviceusers arising from the application of a human rights perspective topublic service provision. The substantial body of case law thathas emerged from the European Court of Human Rights (ECHR) is usedregularly as the basis for this litigation at national and Europeanlevels. This paper presents an analysis of ECHR cases related to breachesof human rights that occurred when children were taken into carefrom families in which one or both parents had a diagnosed mentalillness. The issues raised by these cases include the following:how to ensure that the right to family life is protected for adultswith mental illnesses; how to ensure access and opportunities forparents to continue bonding with children in care; and how to avoiddamaging children while giving time for a proper assessment of thecare situation.
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