X and Y v. The Netherlands

A mentally handicapped girl was raped but had no legal capacity to appeal against the prosecution’s decision not to press charges. The ECtHR found that positive obligations under Article 8 could arise requiring the State to adopt measures even in the sphere of the relations of individuals between themselves. Local legislation therefore suffered from a deficiency regarding the victim, which disclosed a failure to provide adequate protection.

Topics

• Sexual violence and rape

Geographical location

• Europe
• Netherlands

Keywords

• sexual violence
• rape
• the netherlands
• european court of human rights

Year

• 1985

External URL

• X and Y v. The Netherlands

Court

• European Court of Human Rights

Type

• International Case Law

Jurisdiction

• European Court of Human Rights