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R.Ș. v. ROMANIA

Doc ref: 54773/19 • ECHR ID: 001-201487

Document date: January 28, 2020

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R.Ș. v. ROMANIA

Doc ref: 54773/19 • ECHR ID: 001-201487

Document date: January 28, 2020

Cited paragraphs only

Communicated on 28 January 2020 Published on 17 February 2020

FOURTH SECTION

Application no. 54773/19 R. Ș . against Romania lodged on 7 October 2019

SUBJECT MATTER OF THE CASE

The application concerns allegations that the authorities did not appropriately respond to the complaint of domestic violence lodged on behalf of the applicant, against his mother. The applicant and his sister, who were respectively eleven and thirteen years old at the time of their parents ’ separation, alleged that their mother had always been violent with them. The violence intensified once the parents separated when it became clear that the children wished to remain with their father.

The applicant relied on Article 6 § 1 of the Convention.

QUESTIONS TO THE PARTIES

1. Having regard to the procedural protection from inhuman or degrading treatment, notably in the context of domestic violence against children (see D.M.D. v. Romania , no. 23022/13 , §§ 40-41 and 51, 3 October 2017), was the investigation in the present case in breach of Article 3 of the Convention? In particular, have the domestic authorities paid sufficient attention to the allegations of domestic violence inflicted on the applicant by his mother?

2. Has there been a violation of the applicant ’ s right to respect for his private life, contrary to Article 8 of the Convention, with regard to the manner in which the authorities responded to the allegations of domestic violence (see Eremia v. the Republic of Moldova , no. 3564/11 , §§ 72 - 73, 28 May 2013 )?

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