State’s duty to protect physical and psychological integrity of individuals
II. RELEVANT DOMESTIC LAW AND PRACTICE 1. Interim measures in divorce proceedings 39. In accordance with Article 261 of the Code of Civil Procedure, a court examining a divorce case shall order interim child custody measures upon request of a party to the proceedings. 40. The Supreme Court has held that in principle no such measures should be ordered during the mandatory two-month reconciliation period except where the interest of the children so requires and, in particular, where delaying them may adversely affect the children ’ s development and upbringing (procedural decision no. 86 of 6 June 1973 in case no. 1518/73). 41. Article 71 § 2 of the Family Code provides that disputes about child custody between parents living apart may be submitted for examination to the local district court. This provision concerns disputes that have not been submitted for adjudication in the context of divorce or other proceedings (argument from Article 95 of the Code of Civil Procedure ). 2. Appeals against delays in the proceedings 42. A party to pending civil proceedings may file an appeal against delays in the proceedings, in accordance with Article 217a of the Code of Civil Procedure. The appeal is examined by the President of the upper court, who may order specific measures to speed up the proceedings. It is unclear whether an appeal against delays may also be directed against delays in the examination of requests for interim measures. 3. The Juveniles Pedagogic Units 43. Sections 26 and 27 of the Antisocial Behaviour of Minors Act 1958, amended, set up Juveniles Pedagogic Units at municipal level. The Units are staffed by inspectors appointed by the Ministry of the Interior. Their task is to assist the prosecution authorities and the police in the investigation of offences committed by minors and also in the investigation of offences in which minors were victims. Juveniles Pedagogic Units have no power to issue binding orders on child custody and access issues. 4. The Penal Code and the Code of Criminal Procedure 44. Under Article 161, in conjunction with Articles 129 and 132 of the Penal Code, criminal proceedings in respect of “medium bodily injury” wilfully inflicted by a spouse, parent, child, brother or sister of the victim may only be instituted by the victim. According to Article 129(2), injuries having long-lasting repercussions on one ’ s health without being life-threatening or injuries that may be life-threatening but do not result in long-lasting repercussions are considered “medium bodily injuries”. Within the same category fall injuries causing long-lasting difficulties to the hearing, sight or limb movement, disfiguring of the face or other body parts, as well as injuries such as a broken jaw or teeth that cause difficulties in chewing and speaking. 45. Under Article 161, in conjunction with Articles 130-132 of the Penal Code, criminal proceedings in respect of wilfully inflicted “light bodily injury” may only be instituted by the victim, except where a State official is involved or in cases of repeated offences. According to Article 130(1), injuries other than those considered as heavy or medium bodily injuries fall within the category of “light bodily injuries ”. The courts have held that facial bruises, a broken nose and head contusions without loss of consciousness are examples of light bodily injuries ( Supreme Court interpretative circular ППВС № 3, 27.11.1979). 46. Under the Code of Criminal Procedure, where criminal proceedings are instituted by the victim, he or she acts as private prosecutor. The proceedings are discontinued if the victim fails to appear when summoned or abandons the case. 5. The Child Protection Act 2000 and the Protection Against Domestic Violence Act 2005 47. The Child Protection Act, which came into force on 17 June 2000, instituted a State Child Protection Agency and municipal Social Care Offices empowered, inter alia, to order protection measures in respect of children in danger. In accordance with the transitory provisions of the Act, the Agency and the Offices became operational not earlier than in February 2001, when the relevant regulations and instructions were adopted. 48. The Protection Against Domestic Violence Act, which was enacted in March 2005, provides for administrative and policing measures in cases of domestic violence. In particular, the relevant court may issue injunctions to remove the perpetrator from the common home, ban him from approaching the victim ’ s home, workplace or place of social contacts, temporarily remove the child from the custody of the perpetrator and impose compulsory education programs. Failure to comply with the measures imposed by the court may result in fines, arrest and prosecution. III. RELEVANT INTERNATIONAL MATERIAL 1. Recommendation Rec(2002)5 of the Committee of Ministers of the Council of Europe 49. In its Recommendation Rec(2002)5 of 30 April 2002 on the protection of women against violence, the Committee of Ministers of the Council of Europe stated, inter alia, that Member States should introduce, develop and/or improve where necessary national policies against violence based on maximum safety and protection of victims, support and assistance, adjustment of the criminal and civil law, raising of public awareness, training for professionals confronted with violence against women and prevention. 50. The Committee of Ministers recommended, in particular, that Member states should penalise serious violence against women such as sexual violence and rape, abuse of the vulnerability of pregnant, defenceless, ill, handicapped or dependent victims, or abuse of the position of the perpetrator. The recommendation also stated that Member states should ensure that all victims of violence are able to institute proceedings, make provisions to ensure that criminal proceedings can be initiated by the public prosecutor, encourage prosecutors to regard violence against women as an aggravating or decisive factor in deciding whether or not to prosecute in the public interest, ensure where necessary that measures are taken to protect victims effectively against threats and possible acts of revenge and take specific measures to ensure that children ’ s rights are protected during proceedings. 51. With regard to violence within the family, the Committee of Ministers recommended that Member states should classify all forms of violence within the family as criminal offences and envisage the possibility of taking measures in order, inter alia, to enable the judiciary to adopt interim measures aimed at protecting victims, to ban the perpetrator from contacting, communicating with or approaching the victim, or residing in or entering defined areas, to penalise all breaches of the measures imposed on the perpetrator and to establish a compulsory protocol for operation by the police, medical and social services. 2. Other material 52. The United Nations General Assembly Declaration on the Elimination of Violence against Women (1993), in its Article 4(c), urges States to “exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or private persons”. 53. In his third report, of 20 January 2006, to the Commission on Human Rights of the UN Economic and Social Council (E/CN.4/2006/61), the Special Rapporteur on violence against women considered that there is a rule of customary international law that “obliges States to prevent and respond to acts of violence against women with due diligence”. This conclusion was based mainly on analysis of developments in the case-law of several international bodies, including this Court (reference to Osman v. the United Kingdom, judgment of 28 October 1998, Reports of Judgments and Decisions 1998 ‑ VIII ), the Inter-American Court of Human Rights (reference to the case of Velasquez Rodriguez v. Honduras ), the Inter-American Commission of Human Rights (reference to Report no. 54/01, Case 12.051, Maria da Penha Maia Fernandes (Brazil) ) and the committee monitoring the UN Convention on the Elimination of All Forms of Discrimination against Women (reference to the case of A.T. v Hungary – 2005). THE LAW I. ALLEGED VIOLATION OF ARTICLE 8 OF THE CONVENTION 54. Relying on Articles 3, 8, 13 and 14, the applicants complained that the authorities failed to take the necessary measures to secure respect for their family life and failed to protect the first applicant against the violent behaviour of her former husband. 55. The Court considers that in the particular circumstances of the present case these complaints fall to be examined under Article 8 of the Convention which reads, in so far as relevant : “1. Everyone has the right to respect for his private and family life ... 2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.” A. Admissibility 56. The Government stated, inter alia, that the first applicant had not exhausted all domestic remedies as she had not insisted on the examination of her interim measures application, had not substantiated it before 11 September 2000 and had eventually withdrawn it. In these circumstances the complaints before the Court were abusive as the first applicant had voluntarily abandoned her request. The Government also stated that the first applicant could have filed an action under Article 71 § 2 of the Family Code and requested measures under the Child Protection Act. 57. The applicants replied that the urgency of the matter had been obvious as the first applicant had referred, in her divorce claim and interim measures application of 1 March 2000, to physical and psychological abuse by her husband. Since the very purpose of interim measures was the swift resolution of conflicts, it had been unnecessary for her to insist on rapid examination. The withdrawal of the application had been the result of the District Court ’ s dilatory approach, which had rendered the interim procedure futile. The applicants further stated that despite the obvious need for urgent measures, assistance had been refused by the police and the prosecution authorities on the basis that the events had concerned a private dispute. Article 71 § 2 of the Family Code was inapplicable and the Child Protection Act had not been implemented in practice at the relevant time. 58. The Court notes at the outset that the Government have not raised an objection concerning the first applicant ’ s failure to submit a complaint against delays under Article 217a of the Code of Civil Procedure. It is not necessary to examine, therefore, whether this was a remedy to be exhausted in the particular circumstances of the present case. 59. The Court considers that the first applicant, having filed an application for interim custody measures, was entitled to its examination without unjustified hindrance. Having regard to the first applicant ’ s explanation and the facts of the case, the fact that she withdrew her request for interim measures after the accumulation of the impugned delays cannot lead to the conclusion that she failed to exhaust domestic remedies and cannot suggest abusive behaviour on her part. The Court also observes that Article 71 § 2 of the Family Code was inapplicable (see paragraph 41 above) and that, apparently, at the relevant time the mechanisms provided for in the Child Protection Act had not yet been in place. 60. The Court also notes that the complaints are not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention or inadmissible on any other grounds and, therefore, declares them admissible B. Merits 1. The parties ’ submissions 61. The Government took the view that the first applicant had presented the relevant facts out of their context. In reality, the case concerned querulous allegations exchanged between spouses in the course of divorce proceedings. Such allegations were a common occurrence and were often made with the aim to achieve a favourable outcome of the proceedings. Both the first applicant and her husband had filed numerous complaints against each other seeking the assistance of the police and the prosecution authorities without good reason. 62. The Government also stated that, in reality, no particular danger for the applicants had existed. At the relevant time the first applicant had lived separately from her husband. She had been responsible, on a par with her former husband, for the fact that her child, the second applicant, had become the witness of his parents ’ conflicts. 63. The applicants submitted, relying on Articles 3, 8, 13 and 14, that the relevant law according to which the burden to prosecute for light bodily injury rested with the victim was incompatible with the State ’ s duty to provide protection against domestic violence and was discriminatory in that the law ’ s shortcomings impacted disproportionately on women. Bulgarian law was deficient in that it treated domestic violence as a trivial family matter that did not warrant public prosecution. By characterising domestic violence as a private act, Bulgarian law did not ensure that the victims – who were often vulnerable – would be able to institute proceedings. In particular, the first applicant could not be expected to bring private prosecution proceedings against Mr N. as that would have meant acting as prosecutor and investigator in a highly sensitive matter and risking a violent reaction by her husband. Furthermore, the authorities not only refused to assist her in prosecuting her husband but even charged her with abduction when she sought refuge, together with her son, in a shelter for abused women. 2. The Court ’ s assessment (a) Relevant principles 64. While the essential object of Article 8 is to protect the individual against arbitrary action by the public authorities, there may in addition be positive obligations inherent in effective “respect” for private and family life and these obligations may involve the adoption of measures in the sphere of the relations of individuals between themselves. Children and other vulnerable individuals, in particular, are entitled to effective protection (see X and Y v. the Netherlands, judgment of 26 March 1985, Series A no. 91, pp. 11-13, §§ 23-24 and 27, and August v. the United Kingdom (dec.), no. 36505/02, 21 January 2003). 65. The right to respect for one ’ s family life under Article 8 includes a parent ’ s right to the taking of measures with a view to his or her being reunited with his or her child and an obligation – albeit not absolute – on the national authorities to take such action (see, as a recent authority, Šobota ‑ Gajić v. Bosnia and Herzegovina, no. 27966/06, § 51, 6 November 2007, with further references). As regards respect for private life, the Court has previously held, in various contexts, that the concept of private life includes a person ’ s physical and psychological integrity. Furthermore, the authorities ’ positive obligations – in some cases under Articles 2 or 3 and in other instances under Article 8 taken alone or in combination with Article 3 of the Convention – may include, in certain circumstances, a duty to maintain and apply in practice an adequate legal framework affording protection against acts of violence by private individuals (see the judgments cited in paragraph 85 above and, also, Osman v. the United Kingdom, judgment of 28 October 1998, Reports 1998 ‑ VIII, §§ 128-130, and M.C. v. Bulgaria, no. 39272/98, ECHR 2003 ‑ XII ). The Court notes in this respect that the particular vulnerability of the victims of domestic violence and the need for active State involvement in their protection has been emphasised in a number of international instruments (see paragraphs 49-53 above). (b) Application to the facts of the case 66. The Court ’ s task is to examine whether the authorities ’ response to the situation for which the first applicant, acting on her own behalf and on behalf of her son, the second applicant, sought their assistance was in line with their positive obligations flowing from Article 8. 67. The help of the relevant authorities was solicited in a situation where both the first applicant and her husband, who had separated and were divorcing, wished to obtain the custody of their three-year old son and seized the boy repeatedly from each other, including by using physical force. In addition, Mr N., the father, allegedly assaulted the first applicant (see paragraphs 7-25 and 38 above). The first applicant requested interim custody measures and sought assistance in relation to her husband ’ s aggressive behaviour. (i) Examination of the interim measures application 68. 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, unless there are specific reasons not to do so. No such reasons appear to have existed in the applicants ’ case. Indeed, the interim custody measures application was based, inter alia, on allegations of aggressive behaviour and thus clearly called for priority examination (see paragraph 7 above). 69. It is true that the allegations made by the first applicant, as well as all relevant circumstances regarding the child ’ s situation needed verification which could not be done without the collection of evidence. Therefore, the applicants could not expect to obtain a decision immediately upon submission of the interim measures application. 70. The evidence is, however, that the District Court did not treat the matter with any degree of priority and, during the first six months, ignored the issue of interim measures. In June 2000 it started examining the divorce claim instead of dealing with the temporary custody arrangements first (see paragraphs 8, 10 and 21 above). 71. This delay was the result of the domestic courts ’ practice to adjourn custody issues in divorce proceedings pending the expiry of the statutory reconciliation period (see paragraphs 21, 27 and 40 above). While this practice had the legitimate aim to facilitate reconciliation, the Court considers that its automatic application in the applicants ’ case despite concrete circumstances calling for expedition was unjustified. 72. Furthermore, after 11 September 2000, when the first applicant informed the District Court about the scenes which the child had had to witness earlier that summer, it must have become obvious for the judge dealing with the case that the second applicant, three years old at the time, was adversely affected by the failure of his parents, who lived apart, to agree on temporary custody arrangements pending the divorce proceedings. Furthermore, Mr N. obstructed the possibility for contact between the first applicant and her child, the second applicant (see paragraphs 11- 32 above). It must have been obvious, therefore, that prompt measures were needed, in particular, in the child ’ s interest. 73. The Court considers that in these circumstances, the authorities ’ duty under Article 8 to secure respect for the right to private and family life of both applicants – parent and child – required the examination of the interim measures application with due diligence and without delay. They were also under a duty to secure the enjoyment of both applicants ’ right to normal contacts between them. 74. However, the District Court continued to adjourn the examination of the interim custody application repeatedly, sometimes for reasons so far removed from the substance of the dispute – for example, to verify the registration of a non-governmental organisation (see paragraphs 25-30 above) – that at least one of those adjournments can fairly be described as arbitrary. Also, the District Court made no effort, as it could have, to collect all relevant evidence in one hearing. It also allowed long intervals between the hearings (see paragraphs 28-33 above). 75. The Court also considers that the first applicant ’ s decision to withdraw her request for interim measures in February 2001 was not unreasonable in the circumstances, having regard to the unjustified delays in its examination (see paragraphs 8, 10, 21 and 25-31 above). 76. In sum, the District Court ’ s handling of the interim measures issue for a period of approximately eight months (June 2000 – February 2001) is open to criticism as regards its insufficient attention to the need for particular expedition during that period. This attitude, during a period of tense relations between the first applicant and her husband that affected adversely the second applicant, a three-year old child at the time (see paragraphs 11, 13, 17 and 22 above), is difficult to reconcile with the authorities ’ duty to secure respect for the applicants ’ private and family life. (ii) The first applicant ’ s complaints about Mr N. ’ s aggressive behaviour 77. The Court notes that the medical certificate concerning the first incident complained about was issued several days after the events and has, therefore, less evidential value (see paragraphs 13 and 14 above). 78. There is no doubt about the evidential value of the second medical certificate, which recorded a bruise on the first applicant ’ s eyelid and her swollen cheek following the incident of 28 June 2000 (see paragraph 22 above). The Court also notes that Mr N. ’ s violent behaviour, albeit during a period of time prior to the events at issue, was established by the Sofia City Court in its judgment of 21 March 2002 (see paragraph 37 above). 79. On the basis of these facts the Court is satisfied that the first applicant ’ s complaints about Mr N. ’ s behaviour concerned her physical integrity and well-being and that, having regard to the nature of the allegations and the facts of the case as a whole, the question about the adequacy of the authorities ’ reaction may give raise to an issue under Article 8 of the Convention. Moreover, in the concrete circumstances this question also concerned the second applicant ’ s right to respect for his private life, as he could not effectively exercise his right to regular contacts with the first applicant and, whenever such contacts materialised, was adversely affected by the incidents he had to witness (see paragraphs 11-32 above). 80. The Court observes that the police and the prosecutors, to whom the first applicant turned for help, did not remain totally passive – Mr N. was issued with a police warning and an attempt was made to broker an informal agreement between the parents, albeit with little effect in practice (see paragraphs 12, 14 and 16-20 above). 81. Furthermore, the Bulgarian legal system provided legal means whereby the first applicant could seek establishment of the facts, as well as Mr N. ’ s punishment, and compensation – it was open to her to bring private prosecution proceedings and a civil claim for damages against Mr N. (see paragraph 44 above). 82. Without overlooking the vulnerability of the victims in many cases of domestic violence, in this particular case the Court cannot accept the applicants ’ argument that her Convention rights could only be secured if Mr N. was prosecuted by the State and that the Convention required State-assisted prosecution, as opposed to prosecution by the victim, in all cases of domestic violence. While the Court cannot exclude that the relevant Bulgarian law, according to which many acts of serious violence between family members cannot be prosecuted without the active involvement of the victim (see paragraphs 44-46 above), may be found, in certain circumstances, to raise an issue of compatibility with the Convention, its task is limited to the examination of the particular facts before it. It is not the Court ’ s role to replace the national authorities and choose in their stead among the wide range of possible measures that could suffice to secure respect for the applicants ’ private and family life. Within the limits of the Convention, the choice of the means to secure compliance with Article 8 in the sphere of the relations of individuals between themselves is in principle a matter that falls within the domestic authorities ’ margin of appreciation. 83. On the basis of the concrete facts in this case, the Court considers that certain administrative and policing measures – among them, for example, those mentioned in Recommendation Rec(2002)5 of the Committee of Ministers of the Council of Europe or those introduced in Bulgarian law by the Domestic Violence Act 2005 (see paragraphs 48-53 above) – would have been called for. However, at the relevant time Bulgarian law did not provide for specific administrative and policing measures and the measures taken by the police and prosecuting authorities on the basis of their general powers did not prove effective. The Court also considers that the possibility for the first applicant to bring private prosecution proceedings and seek damages was not sufficient as such proceedings obviously required time and could not serve to prevent recurrence of the incidents complained of. In the Court ’ s view, the authorities ’ failure to impose sanctions or otherwise enforce Mr N. ’ s obligation to refrain from unlawful acts was critical in the circumstances of this case, as it amounted to a refusal to provide the immediate assistance the applicants needed. The authorities ’ view that no such assistance was due as the dispute concerned a “private matter” was incompatible with their positive obligations to secure the enjoyment of the applicants ’ Article 8 rights.” iii. Conclusion 84. In the Court ’ s view, 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, above all, the well-being of the second applicant 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. II. ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION 85. The applicants complained of the length of the custody proceedings. Article 6 § 1 reads, in so far as relevant: “In the determination of his civil rights and obligations ..., everyone is entitled to a ... hearing within a reasonable time by [a] ... tribunal...” A. Admissibility 86. The Government considered that the complaint was abusive and inadmissible for failure to exhaust all domestic remedies as the first applicant had withdrawn her request for interim measures. The applicants disagreed. 87. The Court notes that the Government have not raised an objection concerning the first applicant ’ s failure to submit a complaint against delays under Article 217a of the Code of Civil Procedure (see paragraph 42 above). It is not necessary to examine, therefore, whether this was a remedy to be exhausted in the particular circumstances of the present case. 88. In the Court ’ s opinion, the fact that the first applicant withdrew her request for interim measures has no bearing on the question of exhaustion of domestic remedies in respect of the length of the proceedings, which concerned the merits of the dispute. Furthermore, it does not consider that the application was abusive. 89. The Court also notes that the applicants ’ complaint under Article 6 § 1 is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention or inadmissible on any other grounds. It must therefore be declared admissible. B. Merits 90. The Government stated that the District Court had proceeded with reasonable expedition. All adjournments had been justified as the parties, including the first applicant, had sought to adduce evidence. Moreover, the first applicant had objected to the admission of relevant evidence. The applicants replied that the dilatory approach of the District Court had caused unjustified delays in the resolution of the custody dispute. 91. The Court observes that the period to be taken into consideration began on 1 March 2000 and ended on 21 March 2002. It thus lasted two years and three weeks for two levels of jurisdiction. 92. The Court is mindful that in cases relating to civil status, special diligence is required in view of the possible consequences which the excessive length of proceedings may have, notably on enjoyment of the right to respect for family life ( Laino v. Italy [GC], no. 3158/96, § 18, ECHR 1999-I). It has examined above, in the context of Article 8, the effects of the delays in the examination of the first applicant ’ s request for interim custody measures. The issue under Article 6 § 1 is different as it concerns the examination of the merits of the civil case and the question whether that was done within a reasonable time. 93. The Court, having regard to the relevant criteria as established in its case-law (see Frydlender v. France [GC], no. 30979/96, § 43, ECHR 2000 ‑ VII) and taking into consideration, in particular, the nature of the proceedings but also their overall length which was far from being unreasonable as such and the fact that the examination of witnesses and collection of other evidence inevitably required time, considers that the child custody dispute was determined within a reasonable time as required by Article 6 § 1 of the Convention. It follows that there has been no violation of that provision. III. APPLICATION OF ARTICLE 41 OF THE CONVENTION 94. Article 41 of the Convention provides: “If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.” A. Damage 95. The applicants claimed 300,000 euros (EUR) in respect of non-pecuniary damage for the prolonged custody proceedings, the repeated acts of violence by Mr N. and the indifference of the authorities. The first applicant submitted that as a result of the violations of her rights her life in Bulgaria became so unbearable that she moved to Italy with the second applicant. 96. The Government did not comment. 97. The Court notes that the authorities cannot be held responsible for Mr N. ’ s behaviour and the resulting damage to the applicants. It considers, however, that the applicants have undoubtedly suffered anguish and distress on account of the authorities ’ failure to undertake sufficient measures to secure respect for their private and family life. Having regard to the relevant facts of the case and deciding on an equitable basis, the Court awards EUR 4 ,000 jointly to the applicants. B. Costs and expenses 98. The applicants claimed EUR 4,650 in respect of legal fees for 93 hours of work on the proceedings before the Court at the hourly rate of EUR 50. They also claimed EUR 186 for courier expenses and EUR 418 for translation costs. The claims were supported by time sheets, legal fees agreements and courier receipts. The total sum claimed was EUR 5,254. 99. The Government did not comment. 100. According to the Court ’ s case-law, an applicant is entitled to reimbursement of his costs and expenses only in so far as it has been shown that these have been actually and necessarily incurred and were reasonable as to quantum. In the circumstances of the present case, regard being had to the information in its possession and the above criteria, and also taking into consideration the fact that part of the applicants ’ complaints were rejected, the Court considers it reasonable to award the sum of EUR 3, 0 00 covering costs under all heads. C. Default interest 101. The Court considers it appropriate that the default interest should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.
The Court held that there had been a violation of Article 8 (right to respect for family life) of the Convention, given the cumulative effects of the domestic courts’ failure to adopt interim custody measures without delay in a situation which had affected adversely the applicants and, above all, the well-being of the second applicant and the lack of sufficient measures by the authorities during the same period in reaction to the behaviour of the first applicant’s former husband. In the Court’s view, this 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. The Court stressed in particular that considering the dispute to be a “private matter” was incompatible with the authorities’ obligation to protect the applicants’ family life.