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International Journal of Law, Policy and the Family Advance Access published online on February 23, 2006
International Journal of Law, Policy and the Family, doi:10.1093/lawfam/ebi034
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© The Author [2006]. Published by Oxford University Press. All rights reserved. For Permissions, please email: journals.permissions@oxfordjournals.org

Article

Righting Domestic Violence

Shazia Choudhry 1 and Jonathan Herring 2 *

1 Shazia Choudhry, Queen Mary, University of London
2 Jonathan Herring, Exeter College, Oxford University

* To whom correspondence should be addressed.
Jonathan Herring, E-mail: Jon.herring{at}law.ox.ac.uk


  Abstract

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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