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Authors: CRISTINA TOMULEȚ.
DOI: 10.24193/SUBBiur.68(2023).1.5
Article history: Available online June 12, 2023; Available print July 19, 2023.
©2023 Studia UBB Iurisprudentia. Published by Babeş-Bolyai University.
pp. 128-144
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Abstract: In this article, I analyzed the judgment of C. v. Romania, in which the European Court of Human Rights condemned the Romanian state for violating the positive obligation to conduct an effective criminal investigation into an allegation of sexual harassment. In the introductory section, I put the issue of sexual harassment in context, showing that it is a taboo subject in the Romanian society, which is why sexual harassment enjoys impunity in practice. Equally, I have exposed the typical preconceptions that influence the interpretation of this crime, identified in the case under consideration. From this perspective, I have analysed the facts and the conclusions of the European Court, emphasising both the shortcomings of the incriminating text and the deficiencies in its interpretation in the light of the evidence administered in the case.
Key words: sexual harassment; art. 8 of the Convention; the protection of sexual freedom; European Court of Human Rights; preconceptions; the obligation to conduct an effective criminal investigation; secondary victimization.
