| Applicant name | DIACONEASA |
| Applicant type | natural person |
| Number of applicants | 1 |
| Country | Romania |
| Application no. | 53162/21 |
| Date | 20/02/2024 |
| Judges | abriele Kucsko-Stadlmayer, President, Faris Vehabović, Branko Lubarda, Anja Seibert-Fohr, Ana Maria Guerra Martins, Anne Louise Bormann, Sebastian Răduleţu |
| Institution | Court |
| Type | Judgment |
| Outcome Art. 8 | Violation |
| Reason | Not necessary (economic well-being; rights of others) |
| Type of privacy | Private life; relational privacy |
| Keywords | Positive obligtion; dissability care terminated; fair balance |
| Facts of the case | The applicant complained that the authorities’ refusal to provide her with a personal assistant had disproportionately affected her right to respect for her private life, as it had forced her into isolation and had deprived her of her autonomy. Although she relied on several Articles of the Convention, the Court examines the case under Article 8 of the Convention |
| Analysis | Bearing in mind what was at stake for the applicant, as well as her overall vulnerability – which required enhanced protection from the authorities – and notwithstanding its subsidiary role and the respondent State’s margin of appreciation, the Court is not convinced that in their decisions, the Commission and the Court of Appeal struck a fair balance between the competing public and private interests at stake as required by Article 8. |
| Other Article violation? | – |
| Damage awarded | Holds (a) that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 7,500 (seven thousand five hundred euros), to be converted into the currency of the respondent State at the rate applicable at the date of settlement, plus any tax that may be chargeable, in respect of non-pecuniary damage; |
| Documents | Judgment |