DignITA Database

DATA: 11/06/2020

STRUMENTI CORRELATI:

NOTE:

The Court holds that there has been a violation of Articles 3 and 8 of the Convention on account of the failure to comply with the positive obligations arising from these provisions.

Reference to obligations of criminalization:

(paragraph 39) Articles 33 and 34 of the Istanbul Convention, which are relevant to the present case, are worded as follows:
Article 33 – Psychological violence
“Parties shall take the necessary legislative or other measures to ensure that the intentional conduct of seriously impairing a person’s psychological integrity through coercion or threats is criminalised.
Article 34 – Stalking
“Parties shall take the necessary legislative or other measures to ensure that the intentional conduct of repeatedly engaging in threatening conduct directed at another person, causing her or him to fear for her or his safety, is criminalised.
…”
(Paragraph 60) “Those positive obligations, which often overlap, consist of: (a) the obligation to take reasonable measures designed to prevent ill-treatment of which the authorities knew or ought to have known; and (b) the (procedural) obligation to conduct effective official investigation where an individual raises an arguable claim of ill-treatment.”
(Paragraph 61) ”In addition, the Court has held that States have a positive obligation to establish and apply effectively a system punishing all forms of domestic violence and to provide sufficient safeguards for the victims”
(Paragraph 62) “It also reiterates that while the essential object of Article 8 of the Convention is to protect individuals against arbitrary interference by public authorities, it may also impose on the State certain positive obligations to ensure effective respect for the rights protected by Article 8.”
(Paragraph 73) The Court observes that the Romanian Criminal Code specifically criminalises the offence of breach of the secrecy of correspondence.

Reference to human dignity:

(paragraph 60) “…The Court reiterates that the obligation on the High Contracting Parties under Article 1 of the Convention to secure to everyone within their jurisdiction the rights and freedoms defined in the Convention, taken together with Article 3, requires States to take measures designed to ensure that individuals within their jurisdiction are not subjected to torture or inhuman or degrading treatment or punishment, even administered by private individuals. Children and other vulnerable individuals – into which category fall victims of domestic violence – in particular are entitled to State protection, in the form of effective deterrence, against such serious breaches of personal integrity.”