Hotărârea Curţii Europene a Drepturilor Omului în cauza Deaconu împotriva României
Decision of the European Court of Human Rights in the case Deaconu v. Romania

Summary/Abstract: The present case shows that all courts should bear in mind that nobody should be discriminated if they are in a similar situation, especially if there are no clear grounds for a different treatment. The applicants filed a complaint with the European Court for Human Rights referring to Article 14 of the European Convention on Human Rights and Article 1 of Protocol No. 1 to the Convention. The applicants were two Romanian brothers who had not been granted non-pecuniary damages after their sister died in an accident. At the time of the accident, the applicants were younger than 14. Two of her older brothers were granted nonpecuniary damages. However, a Romanian Court of appeal considered that the applicants were too young to be aware of the negative consequences of her death. The European Court of Human Rights noted that the Court of Appeal based its ruling on the statement of a single witness. In addition, the European Court of Human Rights emphasised that there has been no reasonable justification for a different treatment, given that the Romanian Court of Appeal did not base its findings on expert reports or any psychological evaluations of the applicants. The European Court for Human Rights concluded that there has been a violation of Article 14 of the Convention taken in conjunction with Article 1 of Protocol No. 1.

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