Hotărârea Curții Europene a Drepturilor Omului în cauza ND împotriva Elveției
Judgment of the European Court of Human Rights in ND v. Switzerland

Summary/Abstract: The judgment in the case of ND v. Switzerland is analyzed with reference to the autonomous assessment of the risk to the life of the person and the intervention of the State. The failure of the national authorities to fulfill the positive obligation to protect the life of the complainer from violence by her partner is addressed. The analysis of the case reveals a lack of sufficient coordination between the different services and gaps in the applicable domestic law as well as the impact on the legislation and implementation of the legal provisions in Romania from the perspective of preventing the risk of femicide. The case concerns, from the perspective of Article 2 of the European Convention on Human Rights (ECHR), the positive obligation of the Swiss authorities to protect the life of the applicant against the actions of others, namely, in this case, the acts of kidnapping followed by eleven hours of seclusion, rape, ill-treatment and attempted murder to which the applicant was subjected by her partner, following the announcement of her intention to end their relationship.

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