X and y v. The Netherlands

Abstract

Human rights — Private and family life — Duty of State to respect — Whether involving positive obligations on part of States — Failure to prosecute sexual assault on mentally handicapped girl — Requirement that victim institute complaint in person — Necessity for criminal law provisions — Whether civil law protection sufficient — European Convention on Human Rights, 1950, Article 8

Damages — Human rights violations — Degree of responsibility of respondent State for non-pecuniary damage — European Convention on Human Rights, 1950, Article 50