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International Journal of Law, Policy and the Family Advance Access originally published online on February 23, 2006
International Journal of Law, Policy and the Family 2006 20(1):95-119; doi:10.1093/lawfam/ebi034
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International Journal of Law, Policy and the Family, Vol. 20, No. 1, © The Author [2006]. Published by Oxford University Press. All rights reserved. For Permissions, please email: journals.permissions@oxfordjournals.org

Righting Domestic Violence

Shazia Choudhry*

* Shazia Choudhry, Queen Mary, University of London;

Jonathan Herring**

** Jonathan Herring, Exeter College, Oxford University.

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.


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