Art 8 • Positive obligations • Failure to protect a fourteen-year-old girl from sexual abuse • Domestic legal framework, as applied by the domestic authorities, did not afford effective protection

Art 3 and Art 8 (substantive and procedural) Respondent State having failed to effectively apply a criminal system capable of punishing non-consensual sexual acts by minors - Art 14 (+ Art 3 and Art 8) “Secondary victimisation” of one of the minors due to her exposure by the national authorities to guilt-inducing, moralising remarks conveying sexist stereotypes

Art. 2 - Failure of the national authorities to fulfil their positive obligation to protect the applicant's life from violence by her partner - Acts qualified as violence against women - Lack of sufficient coordination between the various services and shortcomings in the applicable domestic law

Sexual violence and criminal offences against sexual freedom - Gang rape – Extenuating circumstance for minor participation in the criminal offence

Sexual violence criminal offence - Telematic sexual violence - Using remote communication tools such as telephone, video call, chat, to force the offended person to perform sexual acts

Sexual violence and criminal offences against sexual freedom - Absence of offended person’s physical response and of outward signs indicating violence - Vis grata puellis

Sexual violence and criminal offences against sexual freedom – Gang rape

Non-consensual termination of pregnancy, proof of abortion intention – Threats aiming at inducing the offended person to have an abortion - Private violence and personal injuries

Disciplinary dismissal for carrying out acts unequivocally likely to cause the termination of his partner’s pregnancy

Gender-based violence against women – Domestic violence – Threat of ‘honour killing’

Violation of Article 2 (procedural) - Lack of effective investigation into the alleged suicide of the applicant’s daughter in a domestic violence context - Investigative authority’s non-compliance with requirement to display particular diligence and vigour when investigating a case involving violence against women could be read as sheer unwillingness to establish the truth

Aggravated abuse criminal offence - Women reporting violence with a clear intent to manipulate the legal system

Persecutory acts [the so-called stalking] - Notion of harassment relevant to the crime of stalking - Creation of an intimidating and hostile climate capable of compromising the offended person's peace of mind and psychological freedom

Sexual violence criminal offence - The mere lack of consent, not the manifestation of dissent, is required for the commission of the crime of sexual violence

Homicide - Aggravating circumstance provided for the crime of intentional homicide involving the death of a family member or other person in an emotional relation (in the present case, the spouse and a parent)

Harassment in the workplace - Harassment is unwanted conduct on grounds of sex with the purpose or effect of violating the dignity of an employee and creating an intimidating, hostile, degrading, humiliating or offensive environment

The prohibited sexual act is the act that infringes a person's freedom of self-determination in the sexual sphere - The criminal offence of sexual violence is now a crime against personal freedom - Kissing is a sexual act

Protection of women against all forms of violence – Family abuse - Repeated behaviour aimed at physically or psychologically damaging the dignity and identity of the offended person by restricting her self-determination

Sexual violence criminal offence -The Court considers sexual violence also when sexual intercourse is consummated even if only by taking advantage of the state of prostration, distress or diminished resistance in which the victim is reduced

Restraining order applicable when cohabitation between the defendant and the victim is no longer in place - Attempt to violently restore cohabitation may constitute grounds for imposing a restraining order