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Court: Austria did not fail in its duty to protect a son from his violent father

In a European court ruling today, human rights judges have confirmed that Austria did not fail in its duty to protect a son from his violent father.

In today’s Chamber judgment in the case of Kurt v. Austria (application no. 62903/15) the European Court of Human Rights held, unanimously, that there had been:

no violation of Article 2 (right to life) of the European Convention on Human Rights.

The case concerned the murder of the applicant Senay Kurt’s son by his father after previous allegations of domestic violence by the applicant against the father.

The court found in particular that the domestic authorities had been entitled to conclude that a measure other than the barring order that was issued against the father, such as pre-trial detention, had not been warranted under the circumstances known to them. Accordingly, they had complied with their positive obligations under Article 2.

 

 

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