In A v Croatia, the Court reaffirmed that
a State failure to provide women with
protection against domestic violence can
violate Article 8 of the Convention, the
right to respect for private and family
life. In this case, the State failure was
not systemic; rather, the violation was
established on the basis that the
authorities failed to implement measures
ordered by a domestic court, thus failing
to provide the applicant with protection
against further violence. A and her
daughter had been subjected to violence at
the hands of her husband from 2003 to
2006, followed by a number of attempts by
A to file complaints against her husband
between 2004 and 2009. The protective
measures ordered were simply not enforced
and the husband's jail sentences were not
served.
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