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M.C. v. BULGARIA JUDGMENT
II. ALLEGED VIOLATION OF ARTICLE 14 OF THE CONVENTION
188. Comparing the texts of Articles 157 § 2 and 152 of the Bulgarian
Criminal Code, which concern the age of consent for sexual activity, the
applicant complained that the law afforded better protection against rape to
“homosexual children” than to “heterosexual children”.
Article 14 of the Convention provides:
“The enjoyment of the rights and freedoms set forth in [the] Convention shall be
secured without discrimination on any ground such as sex, race, colour, language,
religion, political or other opinion, national or social origin, association with a national
minority, property, birth or other status.”
189. In the light of its findings above, the Court considers that it is not
necessary to examine the complaint under Article 14 of the Convention.
III. APPLICATION OF ARTICLE 41 OF THE CONVENTION
190. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols
thereto, and if the internal law of the High Contracting Party concerned allows only
partial reparation to be made, the Court shall, if necessary, afford just satisfaction to
the injured party.”
A. Damage
191. The applicant stated that she was continuing to suffer psychological
trauma years after she had been raped. That was to a large extent due to the
fact that the relevant law and practice had not ensured effective protection.
Furthermore, the investigation in her case had been flawed and had
victimised her.
192. On that basis, referring to several of the Court's judgments in cases
of sexual abuse, the applicant claimed 20,000 euros (EUR) in respect of
non-pecuniary damage.
193. The Government submitted that the amount claimed was excessive.
194. The Court considers that the applicant must have suffered distress
and psychological trauma resulting at least partly from the shortcomings in
the authorities' approach found in the present case. Making an assessment
on an equitable basis, the Court awards her EUR 8,000.
B. Costs and expenses
195. The applicant claimed EUR 4,740 for a total of 118.5 hours of legal
work on her case, at the rate of EUR 40 per hour. She submitted a fee