Bulgaria (2008), European Court of Human Rights

Bulgaria (2008), European Court of Human Rights

Bevacqua and S. v. Bulgaria
Application no. 71127/01 (Sect. 5) (Eng)

The appellant-wife was subject to domestic violence at the hands of her husband, and filed for divorce and custody of their child. However, authorities were slow in processing the case, and the woman and her son lived in constant fear of harassment by the husband over the course of the proceedings. The Court found that Bulgaria violated Article 8 of the ECHR.

“The Court observes that because of its very nature and purpose, an application for interim custody measures must normally be treated with a certain degree of priority…the cumulative effects of the District Court’s failure to adopt interim custody measures without delay in a situation which affected adversely the applicants...and the lack of sufficient measures by the authorities during the same period in reaction to Mr N.’s behaviour amounted to a failure to assist the applicants contrary to the State positive obligations under Article 8 of the Convention to secure respect for their private and family life.” (Quoted form Original Judgment)

Print this post