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D.P. & J.C. v. UK (No. 38719/97), (2003) 36 E.H.R.R. 14, 10 October 2002

Facts: the applicant was physically abused by his step father.

Complaint: the applicant claimed a violation of article 3 of the European Convention as he was subjected to inhumane and degrading treatment and of article 13 because he was not afforded adequate compensation.

Holding: the ECHR did not find a violation of article 3, 6 and 8. It found a violation of article 13.

Reasoning: Article 3 could only be applied to relationships between private individuals if it was proven that State services had knowledge of the incriminating facts in order to take the necessary steps to end the abuse. The Court did not find that the U.K. failed to fulfill this positive obligation so there had not been any violation of article 3. However article 13 still protected the applicant and was applicable to the case. The Court ruled that the applicants did not have appropriate means of proving that the authorities failed to protect them from ill-treatment or the possibility of obtaining an enforceable award of compensation for the damage suffered thereby. They were not afforded an effective remedy in respect of their claims of a breach of Articles 3 or 8, which amounted to a violation of Article 13 of the Convention.

 

 

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