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

Article 3 (lack of effective investigation) and Article 8 (right to respect for private and family life) - Failures in the investigation - Prejudicial gender stereotypes and victim-blaming attitudes

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

Sexual violence and sexual acts with a minor – Aggravating circumstance of physical or mental inferiority in the sexual violence criminal offence - Student abused by music teacher

Article 3 and Article 8 (Positive obligations) - Failure of investigative and judicial authorities to adequately respond to rape allegations and submit the case to the careful scrutiny required - Adequate legal and regulatory domestic framework not applied in practice as investigation ineffective

Art 3 and Art 8 (Positive obligations) - Failure of the national authorities to effectively apply a criminal justice system capable of punishing non-consensual sexual acts alleged by a vulnerable victim who did not object during the sexual acts

Violation of Article 3 and Article 8 - Failure of the national authorities to effectively apply a criminal justice system capable of punishing non-consensual sexual acts alleged by a vulnerable victim who did not object during the sexual acts

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

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

Systematic persecution of the Colombian State against members of the José Alvear Restrepo Lawyers Collective Corporation through harassment, threats, killings, disappearances and physical violence from the 1990s amounts to a violation of the rights to life, personal integrity, privacy, judicial protection, freedom of association, free movement, family protection, children’s rights and defending human rights - Gendered and sexual threats against women human rights defenders particularly targeted because of their gender, including reference to possible sexual violence against them or their da

Article 3 and Article 8 (Positive obligations) - Commutation of a ten-month prison sentence imposed on applicant’s co-worker to community service, after he had been convicted of sexual violence against her - Domestic court’s commutation of sentence without careful scrutiny of all relevant considerations

Sexual violence and sexual acts with a minor – Regarding child sexual assault in a family context, reliability of statements made by the child and probable influence of the family