The human rights court has agreed to take up the girl’s case after Sweden’s Court of Appeal cleared her stepfather of any wrongdoing.
The District Court had initially found in the girl’s favour, but the appeal court overturned the ruling, citing a previous Supreme Court verdict which noted that Sweden did not have a general ban on filming people without their prior knowledge.
But the girl’s attorney refused to accept that it was acceptable for her stepfather to mount a camera in the bathroom and film her taking a shower.
In its correspondence with the Swedish government, the European Court of Human Rights has asked three questions relating to the case: had the girl’s right to a private life been violated; was she afforded the opportunity to file for damages in a civil case; and did she have sufficient means of legal redress?
Although the Supreme Court turned down the girl’s request for leave to appeal, it has indirectly called on the government to change the prevailing legislation, judicial news service Pointlex reports.