I. Case of Bajic v. Croatia (2012)

  • Author: European Court of Human Rights


“In order to satisfy its positive obligation under Article 2 of the Convention, the State has a duty to ensure, by all means at its disposal, that the legislative and administrative framework set up to protect patients’ rights is properly implemented and any breaches of these rights are put right and punished. Therefore, the Court’s task is to examine whether there was an adequate procedural response on the part of the State to the infringement of the right to life. Moreover, the requirements of Article 2 go beyond the stage of the official investigation, where it has led to the institution of proceedings in the national courts: the proceedings as a whole, including the trial stage, must satisfy the requirements of the positive obligation to protect lives through the law and the prohibition of ill-treatment. Against the above background, the Court finds that the domestic system as a whole, faced with a case of an allegation of medical negligence resulting in death of the applicant’s sister, failed to provide an adequate and timely response consonant with the State’s procedural obligations under Article 2 of the Convention. There has accordingly been a violation of Article 2 of the Convention.

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