Psychological abuse

ase no. [2660/03], ECHR, Strasbourg, 30.11.2010 [Section IV], Hajduová v. Slovakia

Ground: Violation of Article 8 of ECHR on the right to respect for private and family life; domestic violence; psychological violence; the non-accomplishment of the positive obligations of the state.

The abstract of the Judgment

The case refers to the Article 8/1 of ECHR on the right to respect for private and family life. In this case the authorities have failed to defend the woman from the violent former husband. On August 2001, A. the former husband of the applicant attacked her verbally and physically in a public space. Although experiencing minor injuries, out of fear for life, personal and child safety, she was sheltered in a Non-governmental organization that offered accommodation in those circumstances. Although repeated threats were never materialized, they were sufficient to affect the psychological integrity and the welfare of the applicant. A. was sentenced because of his violent behavior towards the applicant, after his transfer to the hospital, the District Court had failed to provide for him the necessary psychiatric treatment. At the end of the punishment, he continued his threats. Consequently, the lack of sufficient measures in response to the behaviors of A., and specifically the District Court's failure to order that A. be detained for psychiatric treatment had caused the violation of the positive obligation of the state under the Article 8 of ECHR.