International human rights law and domestic violence : the effectiveness of international human rights law / Ronagh J.A. McQuigg.

Format:

Book

Author/Creator:

McQuigg, Ronagh J. A., author.

Series:

Routledge Research in Human Rights Law

Language:

English

Subjects (All):

Family violence--Law and legislation--Great Britain.

Family violence.

Human rights--Great Britain.

Human rights.

Family violence--Law and legislation.

Physical Description:

1 online resource (191 p.)

Edition:

1st ed.

Place of Publication:

Abingdon, Oxon, England ; New York, N.Y. : Routledge, 2011.

Language Note:

English

Summary:

This innovative book examines the effectiveness of international human rights law, through the case study of domestic violence. Domestic violence is an issue that affects vast numbers of women throughout all nations of the world, but as it takes place between private individuals it does not come within the ambit of the traditional interpretation of human rights law. Ronagh J.A. McQuigg questions whether international human rights law can only be effective in a 'traditional' case of human rights abuse or whether it can rise to the challenge of being used in relation to issues such as domesti

Contents:

Front Cover; International Human Rights Law and Domestic Violence; Copyright Page; Contents; Table of cases; Table of statutes; Introduction; 1. Potential problems for the effectiveness of international human rights law as regards domestic violence; The achievements of international human rights law; Problems; The way in which rights were formulated and the public/private dichotomy; Conflicting rights; Implementation difficulties; Conclusion; 2. What measures may it be beneficial for human rights law to achieve in relation to domestic violence?; Improving the criminal justice system

Civil law measuresProviding social support measures to victims; Changing attitudes; Ensuring inter-agency cooperation; Tackling risk factors; Battery treatment programmes; Conclusion; 3. The jurisprudence of the European Court of Human Rights; Positive obligations under the European Convention on Human Rights; In what ways is domestic violence a violation of the European Convention on Human Rights?; How has the European Court of Human Rights addressed the issue of domestic violence?; Limitations on the obligation to take operational measures

The responses of states to the judgments of the CourtThe provision of resources to victims of domestic violence; The margin of appreciation; Conclusion; 4. The Human Rights Act 1998: Could the United Kingdom courts rise to the challenge?; The horizontal effect of the Human Rights Act 1998; Has domestic violence been recognised as a human rights issue in the United Kingdom?; The deference shown by judges; The limits on what courts can achieve and difficulties surrounding socio-economic rights; The problem of alleged perpetrators relying on human rights law

The ability of law to deal with an 'unseen' crimeConclusion; 5. The approach of the international human rights bodies to domestic violence; Improving the criminal justice system; Improving the civil law; Providing measures of social support for victims; Improving societal awareness; Improving the awareness of professionals; Developing inter-agency approaches; Tackling risk factors; Developing programmes for perpetrators; Undertaking research; Amending CEDAW?; The Optional Protocol to CEDAW; Transcending the public/private dichotomy; Conclusion

6. Implementation of the statements of the international human rights bodies in the United KingdomIs the United Kingdom complying with the recommendations?; Why is the United Kingdom complying/not complying with the recommendations?; Could the statements of international human rights bodies be used more effectively?; Conclusion; 7. Conclusion; A litigation approach; Using the statements of the international human rights bodies; Final points; Notes; Bibliography; Index

Notes:

Description based upon print version of record.

Includes bibliographical references (pages [163]-173) and index.

ISBN:

1-136-74207-7

1-283-24186-2

9786613241863

1-136-74208-5

0-203-81928-4

9780203819289

OCLC:

727064478