O'Keeffe v. Ireland [GC] - 35810/09 - Legal Summary [2014] ECHR 173 (28 January 2014)

O'Keeffe v. Ireland [GC] - 35810/09 - Legal Summary [2014] ECHR 173 (28 January 2014)

The State failed to fulfil its positive obligation to protect the applicant from sexual abuse by not having effective mechanisms for detection and reporting of abuse in National Schools, despite being aware of the risks. The available remedies were not effective in establishing State liability or providing redress.

Source-derived case information.

Citation
[2014] ECHR 173
Parties
Applicant: Louise O'Keeffe; Respondent: Ireland
Jurisdiction
European Union
Judgment Date
28 January 2014
Procedural Posture
Application to the European Court of Human Rights (grand Chamber) / Judgment
Outcome
Violation of Article 3 (substantive aspect) and Article 13 in conjunction with Article 3; no violation of Article 3 (procedural aspect).
Legal Topics
State Liability, Positive Obligations, Child Protection, Sexual Abuse, Right to an Effective Remedy
Human Rights Law Education Law Tort Law State Liability Positive Obligations Child Protection Sexual Abuse Right to an Effective Remedy

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Parties

Louise O'Keeffe

Applicant

Ireland

Respondent

Procedural Posture

Application to the European Court of Human Rights (grand Chamber) / Judgment

Legal Issues

  1. 1 Whether the State failed to protect the applicant from sexual abuse in a state-funded National School (Article 3 ECHR)
  2. 2 Whether the applicant had an effective remedy for the State's failure (Article 13 in conjunction with Article 3 ECHR)

Ratio Decidendi

The State failed to fulfil its positive obligation to protect the applicant from sexual abuse by not having effective mechanisms for detection and reporting of abuse in National Schools, despite being aware of the risks. The available remedies were not effective in establishing State liability or providing redress.

Court Disposition

Violation of Article 3 (substantive aspect) and Article 13 in conjunction with Article 3; no violation of Article 3 (procedural aspect).

Orders

  • Ireland to pay EUR 30,000 to the applicant in respect of pecuniary and non-pecuniary damage.