Serious flaws in investigation into sexual harassment in the workplace - violation of Art. 8 ECHR

EUROPE: SEXUAL HARASSMENT

European Court of Human Rights, judgment, 30 August 2022, C. v. Romania (Application no. 47358/20).

«In today’s Chamber judgment in the case of C. v. Romania (application no. 47358/20) the European Court of Human Rights held, unanimously, that there had been: a violation of Article 8 (right to respect for private life) of the European Convention on Human Rights. The case concerned allegations of sexual harassment in the workplace following a criminal complaint
lodged by the applicant, a cleaning lady in a railway station, against the railway station manager, accusing him of repeatedly trying to force himself on her, and the State’s alleged failure to deal with the matter. Without expressing an opinion as to whether the station manager was guilty of sexual harassment, the Court found in particular that the investigation had been significantly flawed, which amounted to a breach of the State’s obligations under Article 8 of the Convention.»

Direct link to the judgment (hudoc.echr.coe.int)
Accès direct au communiqué de presse (hudoc.echr.coe.int)
Direct link to the press release (hudoc.echr.coe.int)

Gender Law Newsletter 2022#04, 01.12.2022