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E.M. AND OTHERS v. ROMANIA

Doc ref: 20192/07 • ECHR ID: 001-111721

Document date: June 12, 2012

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  • Outbound citations: 1

E.M. AND OTHERS v. ROMANIA

Doc ref: 20192/07 • ECHR ID: 001-111721

Document date: June 12, 2012

Cited paragraphs only

THIRD SECTION

Application no. 20192/07 E.M. and others against Romania lodged on 6 May 2007

The facts and complaints in this case have been summarised in the Court ’ s partial decision on admissibility, which is available in HUDOC.

QUESTIONS

1. Can the first and third applicants claim to be victims of a violation of the Convention, within the meaning of Article 34, in view of their limited participation in the domestic court proceedings?

2. Have the applicants exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention, for complaining about Mr I.M. ’ s death in the hospital and the alleged contribution of the bacterial infection to his death?

3. Having regard to the positive obligations to protect life, has the State satisfied the requirement to put in place regulations for the hospitals to protect their patients ’ lives (see, mutatis mutandis, G.N. and Others v. Italy , no. 43134/05 , 1 December 2009) ?

4. Having regard to the procedural protection of the right to life (see Eugenia Lazăr v. Romania , no. 32146/05 , 16 February 2010 ), was the investigation in the present case by the domestic authorities in breach of Article 2 of the Convention?

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