A mentally handicapped girl was raped but had no legal capacity to appeal against the prosecution’s decision not to press charges. The ECtHR found that positive obligations under Article 8 could arise requiring the State to adopt measures even in the sphere of the relations of individuals between themselves. Local legislation therefore suffered from a deficiency regarding the victim, which disclosed a failure to provide adequate protection.
- Topics
- Geographical location
Year
1985
Institution
European Court of Human Rights
External URL
- Jurisdiction
Avon Center work product
ID
791