ECtHR decision on case of domestic violence and discrimination

The European Court of Human Rights on 16 July decided on a case of domestic violence and discrimination, holding Moldovan authorities responsible for having failed to prevent an ex-husband from beating repeatedly his ex-wife.

The case was about Lidia Mudric, a Moldovan national whose ex-husband broke into her house in February 2010, beat her up and abused her until January 2011 when the police removed him. She alleged that the authorities had tolerated the abuse to which she had been subjected in her home, relying on her ex-husband’s mental illness as an excuse for not enforcing the various court protection orders against him. She also claimed that the authorities had failed to apply domestic legislation intended to protect her against domestic violence, as a result of preconceived ideas concerning the role of women in the family. The applicant complained under Articles 3 (prohibition of inhuman or degrading treatment) and 14 (prohibition of discrimination). The ECtHR found that the authorities’ actions were not a simple failure or delay in dealing with violence against the applicant, but amounted to repeatedly condoning such violence and reflected a discriminatory attitude towards her as a woman and there has been a violation of Article 14 in conjunction with Article 3 of the Convention.

The decision can be accessed here

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