LUCA v. THE REPUBLIC OF MOLDOVA
Doc ref: 55351/17 • ECHR ID: 001-207913
Document date: January 15, 2021
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Communicated on 15 January 2021 Published on 1 February 2021
SECOND SECTION
Application no. 55351/17 Lilia LUCA against the Republic of Moldova lodged on 24 July 2017
SUBJECT MATTER OF THE CASE
The application concerns domestic violence against the applicant and her children, as well as the alienation of the children via refusal to allow them contact with the applicant and influencing them so as to hate her.
The applicant ’ s initial complaints were successful in obtaining a protection order, which was not enforced. Subsequent requests for protection orders, including ones made after further cases of violence, were rejected by the courts as ill-founded.
The applicant complains under Articles 3, 8 and 14. The case raises issues under those provisions, notably the allegedly insufficient measures to protect the applicant from recurrent domestic violence and her inability to see her children.
QUESTIONS TO THE PARTIES
1. Do the facts of the case disclose a violation of Articles 3 and 14 of the Convention? In particular, did the authorities comply with their positive obligations in protecting the applicant from domestic violence (see, for instance, Eremia v. the Republic of Moldova , no. 3564/11, 28 May 2013)?
2. Has there been a violation of Article 8 of the Convention? In particular, did the authorities comply with their positive obligations in respect of ensuring contact between the applicant and her children and in preventing alienation of the children by their father (see Pisică v. the Republic of Moldova , no. 23641/17, 29 October 2019)?
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