State's violation of the rights to a fair trial, judicial protection, humane treatment, and personal liberty underArticles 8, 25, 5 and 7 of the American Convention on Human Rights
Contents for term
State's violation of the rights to a fair trial, judicial protection, humane treatment, and personal liberty underArticles 8, 25, 5 and 7 of the American Convention on Human Rights
State's responsibility for sexual slavery and torture - State's failure to investigate, prosecute and act quickly to rescue a young woman having been kidnapped, continually raped, tortured and kept in conditions of sexual slavery over a period of almost 4 months
In cases of violence against children and adolescents, States have a reinforced duty of due diligence requiring the adoption of special protection measures and the development of a procedure adapted to their needs - The State has conducted a revictimised investigation - State's failure to provide a multidisciplinary care and treatment to ensure the coordination of the different State agencies to protect children and adolescents
Excessive, indiscriminate and unwarranted use of force by the police, verbally, physically and sexually abusing eleven women during violent clashes between state and federal police and protesters - Widespread use of sexual violence against female protesters as a tactic of social control aimed at intimidating and silencing the women amounts to torture - Gender stereotypes and biases in the domestic authorities’ response including that women were lying and they should have stayed home cooking and taking care of their children
Sexual violence criminal offence - Woman with disabilities as victim of the criminal offence - Reliability of the woman's statements
Sexual violence criminal offence - Woman with disabilities as victim of the criminal offence - abuse of mental inferiority conditions
Sexual violence and sexual acts with a minor – Regarding child sexual assault, the second interview of the offended parties must be limited to exceptional cases
The investigation carried out by the Belgian authorities after the applicant had lodged a criminal complaint alleging rape and indecent assault - A violation of the procedural aspect of Article 3 (prohibition of inhuman and degrading treatment)
Execution, torture and sexual assault of, inter alia, young girls, including minors, by police officers during a drug raid, with removal of corpses and obstruction of proper investigation – Violation of the rights to judicial protection, to physical, mental, and moral integrity, to move freely within a state and to a hearing within reasonable time by a competent and independent tribunal
Sexual violence committed also in cases where it takes place between spouses – Family abuse committed in cases of deprivation of financial means
Sexual violence committed even when someone uses violence or threats to force a prostitute to engage in non-consensual sexual intercourse - Irrelevance of the circumstance that the victim engages in prostitution as the right to respect for sexual freedom is independent of personal conditions and qualities
Prosecutability ex officio – Sexual violence criminal offence and persecutory acts - Convicted and attempted sexual assault and stalking of wife would be prosecutable ex officio if there is a Police Commissioner's warning
Article 4 (Trafficking in human beings) - Shortcomings in response to criminal complaint of human-trafficking
Kiss on the cheek does not violate the sexual freedom of the victim – Commission of the offence of private violence
Sexual violence criminal offence and persecutory acts - The change of lifestyle is a necessary behavior to which the victim of persecution resorts in order to try to escape from persecution
Article 10 (freedom of expression) and Article 11 (freedom of assembly and association) – Unlawful dismissal of the applicant from her public sector job due to her political affiliations – Insufficiently justified dismissal disproportionately interfering with her rights
Dissenting / Concurring: Kjølbro
Article 3 (prohibition of inhuman or degrading treatment) and Article 11 (freedom of assembly) - The applicant complained of excessive police force during her arrest at a protest - The obligation of authorities to ensure the protection of individuals’ rights during peaceful demonstrations
Dissenting / Concurring: Kjølbro / Sajo, Keller, Kuris.
The applicant alleged that she had been a victim of a breach of Articles 3 and 8 of the Convention on account of the State’s failure to conduct a proper investigation into her allegation of rape committed against her - The applicant also complained that there had not been any effective remedies available to her as required by Article 13 of the Convention in respect of the above breaches.
Article 8 (Respect for home) - Lack of appropriate legal framework to protect occupant of flat from harassment by co-owners
Article 3 (Procedual) - The applicant alleged that the trial concerning her rape had been unduly long and had not been conducted with the required diligence