Swedish legal system did not protect minor girl whose stepfather attempted covertly to film her naked

In Grand Chamber judgment in the case of Söderman v. Sweden, the European Court of Human Rights held, by a majority, 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 the attempted covert filming of a 14-year old girl by her stepfather while she was naked, and her complaint that the Swedish legal system, which at the time did not prohibit filming without someone’s consent, had not protected her against the violation of her personal integrity.

The Court found that Swedish law in force at the time had not ensured protection of Ms Söderman’s right to respect for private life – whether by providing a criminal or a civil remedy – in a manner that complied with the Convention. The act committed by her stepfather had violated her integrity and had been aggravated by the fact that she was a minor, that the incident took place in her home, and that the offender was a person whom she was entitled and expected to trust.

Read more: http://hudoc.echr.coe.int/webservices/content/pdf/003-4563687-5513461

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Attorneys Markku Fredman and Ulf Månsson are the Partners at Fredman & Månsson.

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