O'KEEFFE v. IRELAND - 35810/09 - Grand Chamber Judgment [2014] ECHR 96 (28 January 2014)

O'KEEFFE v. IRELAND - 35810/09 - Grand Chamber Judgment [2014] ECHR 96 (28 January 2014)

The Court found that Ireland failed to meet its positive obligation to protect the applicant from sexual abuse in a State-funded primary school, as the State had delegated management to private entities without putting in place effective mechanisms of oversight or accountability. The lack of effective reporting or intervention procedures meant the State could not discharge its duty to protect children from ill-treatment. The applicant did not have an effective domestic remedy for her complaint. Accordingly, there was a violation of Articles 3 and 13 of the Convention.

Citation
[2014] ECHR 96
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) / Final Judgment
Outcome
Application allowed in part; violations found
Legal Topics
State Liability, Vicarious Liability, Child Protection, Sexual Abuse, Right to Education, Effective Remedy, Negligence, Constitutional Rights
Human Rights Law Tort Law Education Law Constitutional Law State Liability Vicarious Liability Child Protection Sexual Abuse +4 more

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Parties

Louise O’Keeffe

Applicant

Ireland

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the State failed to protect the applicant from sexual abuse in primary education (Article 3 ECHR)
  2. 2 Whether the applicant had an effective domestic remedy (Article 13 ECHR)
  3. 3 Whether there was a violation of Article 8 and Article 2 of Protocol No. 1, alone and with Article 14

Ratio Decidendi

The Court found that Ireland failed to meet its positive obligation to protect the applicant from sexual abuse in a State-funded primary school, as the State had delegated management to private entities without putting in place effective mechanisms of oversight or accountability. The lack of effective reporting or intervention procedures meant the State could not discharge its duty to protect children from ill-treatment. The applicant did not have an effective domestic remedy for her complaint. Accordingly, there was a violation of Articles 3 and 13 of the Convention.

Court Disposition

Application allowed in part; violations found

Orders

  • Ireland to pay the applicant EUR 30,000 in respect of non-pecuniary damage and EUR 85,000 in respect of costs and expenses within three months.
  • Ireland to ensure effective mechanisms for child protection in primary education.