| Applicant name | I.M.P. |
| Applicant type | 1 |
| Number of applicants | natural person |
| Country | Romania |
| Application no. | 29634/22 |
| Date | 09/07/2024 |
| Judges | Tim Eicke, President, Armen Harutyunyan, Ana Maria Guerra Martins |
| Institution | Court |
| Type | Judgment |
| Outcome Art. 8 | violation |
| Reason | Positive obligation |
| Type of privacy | Private life |
| Keywords | Medical aid |
| Facts of the case | concerning the State’s positive obligations to ensure the right to respect for private life in the context of a refusal to grant an applicant the right to the adequate support needed for his or her medical condition or disability |
| Analysis | The applicant’s right to autonomy and respect for her dignity do not seem to have been taken into account in the domestic assessments in question. Moreover, the authorities did not take into account the applicant’s age. Nothing in the impugned decisions explained the apparent discrepancies between the applicant’s particular situation of a lack of autonomy and the finding that her medical situation did not qualify as a “severe disability necessitating a personal assistant” under Ministerial Order no. 762/2007. As a consequence of those decisions, the applicant was left to fend for herself at her own expense and the authorities did not offer any alternative practical arrangements to ensure her the constant support she needed. Having regard to all the above considerations, and notwithstanding its subsidiary role and the respondent State’s margin of appreciation, the Court considers that the domestic authorities did not do what was reasonable in the circumstances of the case to ensure the applicant, a disabled elderly person, effective protection of her right to respect for her private life. |
| Other Article violation? | – |
| Damage awarded | that the respondent State is to pay the applicant, within three months, the following amounts, to be converted into the currency of the respondent State at the rate applicable at the date of settlement: (i) EUR 10,000 (ten thousand euros), plus any tax that may be chargeable, in respect of pecuniary and non-pecuniary damage; (ii) EUR 1,800 (one thousand eight hundred euros), plus any tax that may be chargeable to the applicant, in respect of costs and expenses; |
| Documents | Judgment |