The problem of applying the European Convention on Human Rights to the assessment of events from distant past : a commentary to the judgment of the European Court of Human Rights in the O'Keeffe v. Ireland case of 28 January 2014 (application no. 35810/09)

The article refers to facts and legal issues which have arisen in the judgment of the European Court of Human Rights (Grand Chamber) in the O'Keeffe v. Ireland case (appl. no. 35810/09, judgment of 28 January 2014). The ruling has been analyzed in particular from the perspective of formal admissibility of the complaint, i.e. the applicant's continuing victim status despite some domestic judgments confirmed that the applicant had been a victim of crime. Further, the text deals with the merits of the case, and notably the alleged violation of Article 3 of the Convention due to the lack of sufficient legal mechanisms and safeguards preventing sexual abuse of children in Irish schools in the 1970s. The author shares the skepticism of the minority of the Grand Chamber as to the mode of interpretation of Article 3 in the circumstances of the case. It is argued that the Court inferred from Article 3 state obligations which go beyond the boundaries of interpretation of the Convention as it stood at that time.