Botta v Italy [1998] 26 EHRR 241 (ECtHR)

Human rights – respect for private life – physical and psychological integrity

A failure by the State to take positive measures to protect an individual’s physical and psychological integrity or to ensure the development of his personality in his relations with other human beings can amount to a breach of article 8 of the European Convention on Human Rights. However this would only be so in cases where it would be fair to expect the State to take such measures, having regard to the balance that has to be struck between individual interests and those of the population as a whole. In this case, the right asserted by the applicant concerned interpersonal relations of such broad and indeterminate scope that there was no direct link between the measures the State was urged to take and the applicant’s private life.

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