ERDINC KURT AND OTHERS v. TURKEY - 50772/11 (Judgment : Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for private life) Pecuniary dama...) French Text [2017] ECHR 512 (06 June 2017)

ERDINC KURT AND OTHERS v. TURKEY - 50772/11 (Judgment : Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for private life) Pecuniary dama...) French Text [2017] ECHR 512 (06 June 2017)

The Turkish judicial system failed to provide an effective remedy because the expert report relied upon by the courts did not address whether the doctors acted in accordance with professional standards in the specific case, and the courts refused a counter-expertise despite applicants' substantiated objections. This...

Source-derived case information.

Citation
[2017] ECHR 512
Parties
Applicant: Erdinç Kurt; Applicant: Nursen Kurt; Applicant: Duru Kurt; Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment After Full Hearing
Outcome
Violation of Article 8 ECHR found; partial satisfaction awarded.
Legal Topics
Right to Respect for Private and Family Life, Medical Negligence, Effective Judicial Remedies, State Positive Obligations, Expert Evidence in Civil Proceedings
Human Rights Law Medical Law Right to Respect for Private and Family Life Medical Negligence Effective Judicial Remedies State Positive Obligations Expert Evidence in Civil Proceedings

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 24 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Erdinç Kurt

Applicant

Nursen Kurt

Applicant

Duru Kurt

Applicant

Republic of Turkey

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment After Full Hearing

  1. 1 Whether the applicants had access to an effective judicial remedy for alleged medical negligence resulting in severe disability to their child
  2. 2 Whether the State fulfilled its positive obligations under Article 8 ECHR to protect physical integrity

Ratio Decidendi

The Turkish judicial system failed to provide an effective remedy because the expert report relied upon by the courts did not address whether the doctors acted in accordance with professional standards in the specific case, and the courts refused a counter-expertise despite applicants' substantiated objections. This failure violated the State's positive obligations under Article 8 ECHR to protect the physical integrity of the child.

Court Disposition

Violation of Article 8 ECHR found; partial satisfaction awarded.

Orders

  • State to pay applicants jointly 7,500 EUR for non-pecuniary damage within three months.
  • State to pay applicants jointly 1,023 EUR for costs and expenses within three months.