ĐORĐEVIĆ v. CROATIA JUDGMENT
43
policy decisions have been adopted and no monitoring mechanisms have
been put in place in order to recognise and prevent further harassment. The
Court is struck by the lack of any true involvement of the social services and
the absence of any indication that relevant experts were consulted who
could have given appropriate recommendations and worked with the
children concerned. Likewise, no counselling has been provided to the first
applicant in order to aid him. In fact, the Court finds that, apart from
responses to specific incidents, no relevant action of a general nature to
combat the underlying problem has been taken by the competent authorities
despite their knowledge that the first applicant had been systematically
targeted and that future abuse was very likely to follow.
149. In view of this, the Court considers that the competent State
authorities have not taken all reasonable measures to prevent abuse against
the first applicant, notwithstanding the fact that the continuing risk of such
abuse was real and foreseeable.
150. There has accordingly been a violation of Article 3 of the
Convention in respect of the first applicant.
(b) As regards the second applicant
(i) General principles
151. While the essential object of Article 8 is to protect the individual
against arbitrary interference by public authorities, it does not merely
compel the State to abstain from such interference: in addition to this
negative undertaking, there may be positive obligations inherent in effective
respect for private or family life. These obligations may involve the
adoption of measures designed to secure respect for private life even in the
sphere of the relations of individuals between themselves (see X and Y v. the
Netherlands, 26 March 1985, § 23, Series A no. 91; Botta v. Italy,
24 February 1998, § 33, Reports 1998-I; Mikulić v. Croatia, no. 53176/99,
§ 57, ECHR 2002-I; and Sandra Janković, cited above, § 44).
152. The Court has previously held, in various contexts, that the concept
of private life includes a person’s psychological integrity. Under Article 8,
States have in some circumstances a duty to protect the moral integrity of an
individual from acts of other persons. The Court has also held that States
have a positive obligation to ensure respect for human dignity and the
quality of life in certain respects (see L. v. Lithuania, no. 27527/03, § 56,
ECHR 2007-IV, and, mutatis mutandis, Pretty, cited above, § 65).
(ii) Application of these principles to the present case
153. The Court considers that the acts of ongoing harassment have also
affected the private and family life of the second applicant. It has found that
the State authorities have not put in place adequate and relevant measures to
prevent further harassment of the first applicant. Likewise, the State