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.

Developing outcomes for educational services: a children's rights-based approach

This article provides a rationale for and insight into an explicit children's rights-based approach to the identification of outcomes for proposed educational interventions. It presents a critical reflection on a research project which sought to integrate international children's rights standards into the design of services through a children's rights audit of potential outcomes and the meaningful engagement of children in the research and service design processes. While children are involved increasingly as co-researchers in qualitative studies, it is less common for this to occur in quantitative studies. This article offers some additional insight into children's participation in the interpretation of data from a large-scale baseline survey. The article concludes with an argument that international children's rights law provides not just a legal imperative but also a comprehensive framework with which to assert the case for increased recognition of children as salient stakeholders in all aspects of service design.

Summer habitat associations of bats between riparian landscapes and within riparian areas

The present study examines those features which promote bat feeding in agricultural riparian areas and the riparian habitat associations of individual species. Activity of Nathusius' pipistrelle (Pipistrellus nathusii), common pipistrelle (Pipistrellus pipistrellus), soprano pipistrelle (Pipistrellus pygmaeus), Leisler's bat (Nyctalus leisleri), and Myotis species (Myotis sp.) were recorded, and their habitat associations both "between" and "within" riparian areas were analyzed. General feeding activity was associated with reduced agricultural intensity, riparian hedgerow provision, and habitat diversity. Significant habitat associations for P. pipistrellus were observed only within riparian areas. Myotis species and P. pygmaeus were significantly related to indices of landscape structure and riparian hedgerow across spatial scales. Myotis species were also related to lower levels of riffle flow at both scales of analysis. The importance of these variables changed significantly, however, between analysis scales. The multi-scale investigation of species-habitat associations demonstrated the necessity to consider habitat and landscape characteristics across spatial scales to derive appropriate conservation plans.

A Human Rights Perspective on Citizen Participation in the EU's Governance of New Technologies

This article considers the EU’s approach to citizen participation in the governance of new technologies from a human rights perspective. Noting that there is a dearth of insight on the interplay between citizen participation and human rights, the article sketches the essence of its own human rights perspective as being about empowerment. This perspective is brought to bear on EU discourse on citizen participation in the governance of new technologies. Analysis of the discourse—comprising law, citizen participation in EU governance and citizen/science relations, the ‘public understanding of science and technology’, risk and bioethics—reveals a disempowering ‘deficit model’ of citizens in need of education through their participation in governance. The analysis thus suggests that citizen participation in EU governance of new technologies is not truly informed by human rights, but is instead used as a legitimating technique.

Realising political equality: the European Court of Human Rights and positive obligations in a democracy'

The European Convention on Human Rights (ECHR) speaks of the importance of an “effective political democracy” in its Preamble, though it is only in Article 3 of Protocol 1 (P1-3) that we find a right to free elections. This paper discusses the role of “positive obligations” under P1-3. This paper outlines the positive obligations in P1-3 focusing on obligations where the state is required to do more than just change the law. This may mean providing resources or facilities, adopting regulatory frameworks or creating new institutions. The paper highlights specific positive obligations that need to be further developed in the jurisprudence of the European Court of Human Rights (ECtHR). Sometimes these can be developed by analogy with positive obligations recognised in other areas of ECtHR jurisprudence. However, beyond these cases, states should ensure that members of vulnerable and disadvantaged minorities are able to participate in the electoral process and should ensure that dominant political groups cannot abuse their political power to exclude other parties unfairly. This is necessary to realise equal political rights. The second section of this paper sketches some preliminary points about the Strasbourg institutions’ approach to P1-3. After that, the third section identifies circumstances where the ECtHR should apply a more intense scrutiny in P1-3 cases. The fourth, fifth and sixth sections look at positive obligations relating to the right to vote, the right to run for election and the regulation of political parties.

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.

Human Rights in the Courts of Northern Ireland 2009-10

This article surveys and comments on the decisions issued on human rights points by courts in Northern Ireland during the legal year 2009-2010.