Volume 8|Issue 2 Article 3 Spring 2010 State Obligations Regarding Domestic Violence: The European Court of Human Rights, Due Diligence, And International Legal Minimums of ... domestic violence is gender-based discrimination, violating women’s right to equal protection of Article 8 | Right to private and family life Read posts on this Article Article 8 of the European Convention on Human Rights provides as follows: (1) Everyone has the right to respect for his private and family life, his home and his correspondence. This factsheet does not bind the Court and is not exhaustive . The European Court of Human Rights continues to make it clear that a failure by member states to protect people from domestic violence is likely to cross the high hurdle of the prohibition on degrading and inhumane treatment under Article 3.” It isn’t all about women. The effect of domestic violence upon children has become an issue of serious concern. Research has demonstrated that children can experience domestic violence not only as direct victims but also as witnesses. A person’s body is an intimate aspect of his or her private life (Y.F v Turkey) and a sound mental state is an important factor for the possibility to enjoy the right to private life ( Bensaid v UK para 47). Domestic violence is an issue that affects vast numbers of women throughout the world, however it has only been recognised as being a human rights issue relatively recently. It covers a broad range of personal interests. Domestic violence is a generally uncontrolled phenomenon around the globe. Article 8 ECHR guarantees the right to respect for private life, family life, correspondence and home. Helen Fenwick is a Professor of Law at Durham Law School. Duty To Protect Victims Of Domestic Violence Law Family Essay. protect them adequately from domestic violence. This post is also published at Human Rights in Ireland. In particular, the ECHR highlights the need for enforceable measures of protection and a legislative framework that enables criminal prosecutions of domestic violence in the public interest. The applicant was arrested on suspicion of membership of an illegal armed organisation, Though it is silently chastised, the invisible boundary which prevents the law from "interfering" in private matters, acts as an obstacle to active prevention. Violence against women Domestic violence See the factsheet on “Domestic violence”. 2 Domestic Violence As a Human Rights Issue Ill-treatment in detention Juhnke v. Turkey 22 July 2003 . clarify the practical obligations of protecting victims from domestic violence and preventing, investigating, and prosecuting such violence. (2) There shall be no interference by a public authority with […] It argues that whilst in theory children have a right to privacy under Article 8 European Convention on Human Rights (ECHR), in practice there is an absence of rights-based reasoning in the privacy jurisprudence concerned with children. This chapter looks at the child's right to privacy. are victims of domestic violence or human trafficking which can be downloaded at ... Women, families and Article 8 Seeking Refuge? domestic violence as guaranteed under Articles 2, 3, 8 and 14 of ECHR when they are threatened by the acts of the non state entity (private person). Domestic Abuse Protection Notice (“DAPN”) and the Domestic Abuse Protection Order (“DAPO”). Human Rights Law and Domestic Violence. Factsheet – Violence against women May 2019 . Thus, the Court’s decision in Opuz case has equipped the victims of domestic violence to have legal recourse through the provisions of the convention to successfully seek justice