Ms. A.T. v. Hungary

In A.T. v Hungary, the complainant ("author") alleges that Hungary has violated articles 2(a) (equality in legislation), (b) (legislative measures prohibiting discrimination), and (e) ("all appropriate measures" to eliminate discrimination), 5(a) (modification of social and cultural patterns) and 16 (marriage and family life) of the Convention by failing to take all positive measures to provide her with effective protection from her common-law husband, who was allowed to return to their apartment based on arguments regarding his right to property, notwithstanding pending criminal charges of battery against the author. The author could not move to a shelter as there was none in the country equipped to house her disabled child. The Committee finds that Hungary has violated all the articles of the Convention alleged by the author, because of the inadequacy of the legal and institutional arrangements in Hungary to provide immediate protection, the primacy given to privacy and property rights by Hungarian courts over the author's rights to life and security, and the lack of alternative avenues for the author to pursue protection.