The European Court of Human Rights and Domestic Violence

Domestic violence is an issue that affects vast numbers of women throughout the world. It seems to constitute a clear violation of at least three articles of the European Convention on Human Rights, however it has only been recognised as being a human rights issue relatively recently. Indeed, until 2007 domestic violence had not been directly addressed by the European Court of Human Rights. However, the Court has now addressed the issue in a series of recent cases. This paper discusses what positive obligations states parties to the Convention now have in relation to the issue of domestic violence. It proceeds to discuss the gaps in the Court’s jurisprudence in this area at present and how the case law of the Court may develop in the future.

The Victim Test under the Human Rights Act 1998 and its Implications for Domestic Violence Cases

The European Court of Human Rights has now clearly established that domestic violence constitutes a human rights issue. However, there are a number of difficulties involved in using the Human Rights Act 1998 in relation to violence against women in the home. One of these obstacles is the restrictive test of standing found in the Act, which is problematic as regards an ‘unseen crime’ such as domestic violence. This article examines this test of standing and the difficulties it poses in the context of violence against women in the home. It then considers alternative models for the standing requirement and assesses whether a change in the test of standing would produce beneficial results as regards the issue of domestic violence.

Resilience and Vulnerability in the Midst of Socio-Political Violence in Northern Ireland: One Family’s Experience of a Paramilitary Style Assault.

This article focuses on the experience of one particular family living amidst the socio-political violence in Northern Ireland to illustrate the impact of a particular traumatic event – a paramilitary assault due to mistaken identity. These attacks are often colloquially referred to as a ‘punishment shootings’ or ‘beatings’. The therapeutic process is described in narrative terms, providing a framework for; understanding the systemic effect on family relationships of the initial problematic ‘storying’ of the event, and the process of ‘re-storying’ a new more coherent narrative that integrates the trauma experience. Thus, temporary family vulnerability becomes transformed into increased family resilience. This process has general applicability in work with traumatized families.