State responsibility for eliminating violence against women 2013, para. 38
Paragraph
Paragraph text
The obligation to ensure civil law remedies is set out in article 29, paragraph 2 of the Council of Europe Convention. This provision allows victims to seek justice and compensation against State authorities, if they have failed in their duty to diligently take preventive and protective measures. Failure to comply with this obligation can result in legal responsibility and civil law remedies, including damages for negligent and gross negligent behaviour. The extent of State authorities' civil liability remains governed by the internal law of the parties and they have the discretion to decide what kind of negligent behaviour is actionable.
Legal status
Non-negotiated soft law
Body
Special Rapporteur on violence against women, its causes and consequences