Abstract
The chapter will begin by setting out the human rights framework for domestic abuse. Although such abuse is not expressly mentioned in any of the UN human rights treaties, in its General Recommendation 19 of 1992 the UN Committee on the Elimination of Discrimination Against Women (CEDAW Committee) interpreted the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) to encompass domestic abuse. The chapter will then proceed to discuss understandings of domestic abuse within the Council of Europe system. Since 2009, the European Court of Human Rights has built up a considerable body of jurisprudence on domestic abuse, however the way in which such abuse has been conceptualised by the Court has evolved during this time, so that the use of Article 3 by the Court in such cases is commonplace and the debate has become whether domestic abuse should be expressly conceptualised as torture.
Original language | English |
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Title of host publication | Research handbook on domestic violence and abuse |
Editors | Mandy Burton, Vanessa Bettinson, Ana Speed |
Publisher | Edward Elgar Publishing Ltd |
Pages | 115–129 |
ISBN (Electronic) | 9781035300648 |
ISBN (Print) | 9781035300631 |
DOIs | |
Publication status | Published - 17 Sept 2024 |
Publication series
Name | Research Handbooks in Family Law |
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Fingerprint
Dive into the research topics of 'Conceptualising domestic abuse in human rights law'. Together they form a unique fingerprint.Student theses
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How effective is international Human Rights Law?: a case study of domestic violence in the United Kingdom
McQuigg, R. (Author), Jul 2006Student thesis: Doctoral Thesis › Doctor of Philosophy
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