R.B. v. HUNGARY - 64602/12 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section)) [2016] ECHR 360 (12 April 2016)

R.B. v. HUNGARY - 64602/12 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section)) [2016] ECHR 360 (12 April 2016)

The Court found that the applicant's treatment did not reach the minimum severity for Article 3, but the authorities failed to provide adequate protection and an effective investigation under Article 8, given the racist context and the lack of appropriate legal avenues at the material time. This constituted a violation of Article 8.

Citation
[2016] ECHR 360
Parties
Applicant: Ms R. B.; Respondent: Hungarian Government
Jurisdiction
European Union
Judgment Date
12 April 2016
Procedural Posture
Application Under Article 34 ECHR / Judgment by Chamber of the European Court of Human Rights
Outcome
Violation of Article 8; no violation of Article 3 (alone or with Article 14); other complaints inadmissible.
Legal Topics
Racial Discrimination, Hate Crimes, Right to Private Life, Effective Investigation, Positive Obligations, Freedom From Degrading Treatment
Human Rights Law Criminal Law Racial Discrimination Hate Crimes Right to Private Life Effective Investigation Positive Obligations Freedom From Degrading Treatment

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Parties

Ms R. B.

Applicant

Hungarian Government

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment by Chamber of the European Court of Human Rights

Legal Issues

  1. 1 Whether the authorities failed to prevent and effectively investigate racist insults and threats against the applicant, in breach of Articles 3, 8, and 14 of the Convention.

Ratio Decidendi

The Court found that the applicant's treatment did not reach the minimum severity for Article 3, but the authorities failed to provide adequate protection and an effective investigation under Article 8, given the racist context and the lack of appropriate legal avenues at the material time. This constituted a violation of Article 8.

Court Disposition

Violation of Article 8; no violation of Article 3 (alone or with Article 14); other complaints inadmissible.

Orders

  • Hungary to pay the applicant EUR 4,000 in respect of non-pecuniary damage.
  • Hungary to pay the applicant EUR 3,717 plus VAT for costs and expenses.