E.S. and Others v. Slovakia

Title: 
E.S. and Others v. Slovakia
Document Type: 
Case Law
Reference: 
App. No. 8227/04, (2009)
Annotation: 
In E.S., the Court confirmed its previous decisions in Bevacqua and Opuz by holding that State failures to protect women and children from domestic violence can violate Articles 3 (freedom from inhuman and degrading treatment) and 8 (respect for private and family life) of the European Convention on Human Rights. E.S., who was recently divorced from her husband and had obtained legal custody of their children, filed a criminal complaint against her husband stating that he had mistreated both her and the children, and had sexually abused one of their daughters. She requested interim measures ordering her husband to move out of the flat in which they were joint tenants. The courts denied her request, finding that it did not have the power to restrict the husbands right to use his property. E.S. was consequently required to move away with the children. Though the property interests were eventually severed, the fact that domestic law prevented E.S. from obtaining protection when she needed it was found to be in violation of the Convention. In finding that the Convention had been violated, the Court stated that the domestic authorities failed to protect the applicant and her children from ill treatment, and also failed to meet their positive obligations to respect the family and private lives of the applicants.