The right to life

Case no. [33401/02], ECHR, Strasbourg, 9.6.2009 [Section III], Opuz v. Turkey

Ground: prohibition of discrimination; prohibition of torture; inhumane treatment; degrading treatment; the right to life; domestic violence. Respectively the Articles 2, 3 and 14 of the ECHR.

The abstract of the Judgment

This case brings to attention the fatal injuries of the applicant’s mother and of the applicant in the case of domestic violence and the approach of the authorities that were informed on the history of the violence of the violator and no action was taken. This judgment has to do with the violation of the Article 2 of the ECHR on the right to life and the positive obligations of the state. In this case the Court has noticed violations of the Article 3 of the ECHR because the applicant and her mother have experienced an inhumane and degrading treatment while is emphasized the taking of no adequate measures for the protection of the applicant and of her family from domestic violence. Also, there are violations of the Article 14 on discrimination since there is a lack of reaction of the justice system on the continuous domestic violence in the form of violence against the woman. The Court noticed that on the basis of respective rules and principles of the International Law accepted by the large majority of states, a failure, even an unintentional failure of the state, for the protection of women from domestic violence, violates their right for an equivalent protection of the law. The delays in the issuing of judicial orders were frequent, while courts considered such proceedings as forms of divorce lawsuits. The authors of domestic violence did not receive prevention sentences that were facilitated because of tradition, customs or honor.

1. Download the summary of the judgment in Albanian language;

2. Download the press release in English language;

3. Download the complete text of the judgment in Albanian language.