Reference:
App. No. 34401/02, 50 Eur. H.R. Rep. 28, (2009)
Annotation:
Opuz is the case in which the Court
established that State failures to protect
women from violence can violate the right
to non-discrimination, enshrined in
Article 14. Turkeys failure to set up a
system to protect domestic violence
victims and punish offenders was also
found to violate the rights to life
(Article 2) and freedom from degrading or
inhuman treatment (Article 3). Opuz
alleged that State authorities had failed
to protect her and her mother from
domestic violence at the hands of her
husband, which led to the infliction of
life-threatening injuries on the
complainant and to the death of her
mother. Several complaints had been filed
over the course of seven years, with no
action by the authorities. It was only
when Opuzs mother was murdered that her
husband was arrested, though he was
released pending his appeal, and continued
to threaten Opuz. The States failures in
this case were recognized to be systemic,
as the Turkish legal system did not offer
many of the measures generally used to
protect victims of domestic violence.