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 domestic violence.
The book focuses primarily on the question of how international human rights law could be used in relation to domestic violence in the United Kingdom. McQuigg considers recent case law from the European Court of Human Rights on domestic violence and whether the UK courts could use the Human Rights Act 1998 to assist victims of domestic violence. The book goes on to look in detail at the statements of the international human rights bodies on domestic violence, with particular focus on those made by the United Nations Committee on the Elimination of Discrimination against Women and the Special Rapporteur on Violence against Women. The book explores the impact that the statements have had so far on the UK government’s policy in relation to domestic violence and discusses how the statements made by the international human rights bodies could be used more effectively by non-governmental organisations, such as human rights groups and women’s groups.
Introduction. 1. Potential Problems for the Effectiveness of International Human Rights Law as Regards Domestic Violence 2 . What Measures may it be Beneficial for Human Rights Law to Achieve in relation to Domestic Violence? 3. The Jurisprudence of the European Court of Human Rights 4. The Human Rights Act 1998 – Could the United Kingdom Courts Rise to the Challenge? 5. The Approach of the International Human Rights Bodies to Domestic Violence 6. Implementation of the Statements of the International Human Rights Bodies in the United Kingdom 7. Conclusion
This series contains thought-provoking and original scholarship on human rights law. The books address civil and political rights as well as social, cultural and economic rights, and explore international, regional and domestic legal orders. The legal status, content, obligations and application of specific rights will be analysed as well as treaties, mechanisms and institutions designed to promote and protect rights.