Journal Article

Righting Domestic Violence

Shazia Choudhry and Jonathan Herring

in International Journal of Law, Policy and the Family

Volume 20, issue 1, pages 95-119
Published in print April 2006 | ISSN: 1360-9939
Published online February 2006 | e-ISSN: 1464-3707 | DOI: http://dx.doi.org/10.1093/lawfam/ebi034
Righting Domestic Violence

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For too long human rights have been used to support a legal approach to domestic violence which is non-interventionist. This article discusses the ways in which human rights can be used to compel an approach to cases of domestic violence which requires state action to protect those harmed by domestic abuse. It argues that the state has an obligation to protect its citizens from torture, inhuman and degrading treatment and this obligation is heightened in respect of vulnerable adults and particularly children. Further, correctly understood, rights to respect for private and family life, rather than being a barrier to state intervention can be seen as justifying it.

Journal Article.  12457 words. 

Subjects: Family Law ; Marriage and the Family

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