How could Human Rights Law be used by the Courts to assist Victims of Domestic Violence? A Comparative Study

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Abstract

It has been increasingly recognised in recent years that domestic violence constitutes a human rights issue. This article seeks to shed light on the question of how human rights law may be used in the area of domestic violence through the medium of a litigation strategy. The method used is a comparative assessment of the approaches taken towards gender issues by the Constitutional Courts in three states that have famously dynamic judiciaries- India, South Africa and Canada. A number of the obstacles to the effectiveness of human rights law are also examined.
Original languageEnglish
Pages (from-to)343-363
Number of pages21
JournalThe International Journal of Human Rights
Volume14
Issue number3
DOIs
Publication statusPublished - May 2010

ASJC Scopus subject areas

  • Law
  • Sociology and Political Science

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