36
ĐORĐEVIĆ v. CROATIA JUDGMENT
§ 3 of the Convention. It further finds that they are not inadmissible on any
other grounds. They must therefore be declared admissible.
B. Merits
1. The parties’ submissions
(a) The applicants’ submissions
114. The applicants firstly addressed the issue of violence against the
first applicant as a disability hate crime. Studies relating to that issue
showed that the rate of abuse and violence committed against persons with
disabilities was considerably higher than the rate for the general population
and was widespread. The most common forms of violence against people
with intellectual disabilities were kicking, biting, name-calling, teasing,
stealing, pushing, threatening, throwing objects at them, telling them to
leave a building, hitting, shouting at them, swearing, demanding money,
hair-pulling, throwing stones, spitting, poking, punching, beating and
banging their head against a wall. People with disabilities frequently
experienced violence on an ongoing basis perpetrated by the same people.
Abuse was often perpetrated by gangs of youths who targeted the same
person systematically, as in the present case.
115. Harassment against disabled persons was usually motivated by a
perception of such persons as inferior. Violence and hostility might have
wide-ranging consequences, including emotional, physical and sexual
implications, or even the death of the victim. People with disabilities might
be forced to restructure their daily lives in order to avoid risk.
116. In their submissions, the applicants also relied on the international
sources cited above, in particular the United Nations Convention on the
Rights of Persons with Disabilities and the obligations stemming from it.
117. The applicants submitted that they had been subjected to ongoing
harassment and abuse for a period of over five years by a group of mostly
unidentified children on account of their Serbian origin and the first
applicant’s disability. The harassment had consisted mostly of verbal abuse
and other forms of anti-social behaviour such as spitting, making noise,
drawing insulting messages on the pavement, and causing damage to the
applicants’ place of residence. It had caused the applicants intense suffering.
Besides the physical harm resulting from the incidents mentioned above, the
ongoing harassment had taken a very significant toll on the first applicant’s
mental well-being as documented by his psychotherapist.
118. In addition, the applicants had had to change their daily routines.
Daily walks in the park, sitting on a bench in the park and talking to people
were crucial for the first applicant to develop an independent lifestyle and a