| Applicant name | T.M.V. |
| Applicant type | Natural person |
| Number of applicants | 1 |
| Country | Romania |
| Application no. | 34426/20 |
| Date | 16/01/2024 |
| Judges | Faris Vehabović, President, Anja Seibert-Fohr, Sebastian Răduleţu, |
| Institution | Court |
| Type | Judgment |
| Outcome Art. 8 | Violation |
| Reason | Positive obligation |
| Type of privacy | Procedural privacy; bodily privacy |
| Keywords | Sexual abuse; positive obligation |
| Facts of the case | Applicant complains about sexual abuse; she feels the authorities have not responded appropriately. |
| Analysis | The applicant was left without protection for one and a half years during the criminal proceedings. The Court finds such delay excessive, having regard to the stakes for the applicant and her young age. In addition, although there was an abundance of signals by relatives and child protection services that abuse was taking place, the police waited monts before starting an investigation. Consequently, the Court is not convinced that, faced with prima facie substantiated allegations of sexual abuse in respect of a very young child, the domestic authorities properly and efficiently assessed the child’s best interest. In their overall response, the domestic authorities did not comply with their positive obligations under Articles 3 and 8 of the Convention. |
| Other Article violation? | Yes, Article 3 |
| 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 12,500 (twelve thousand five hundred euros), plus any tax that may be chargeable, in respect of non-pecuniary damage; (ii) EUR 2,900 (two thousand nine hundred euros), plus any tax that may be chargeable to the applicant, in respect of costs and expenses; |
| Documents | Judgment |