Legal Protection
THE HUMAN RIGHTS ACT 1998
The Human Rights Act 1998 came into force in September 2000. The Act means that the fundamental rights and freedoms in the European Convention on Human Rights (ECHR) are further safeguarded. This means that anyone who feels that their rights under the Convention have been breached can be dealt with as part of the
There are sixteen basic rights in the Human Rights Act. The Act places on the state a positive duty to protect women and children experiencing domestic violence and abuse. Reasonable, preventative and operational measures must be taken by public authorities to protect women and children at risk from the criminal acts of the abuser.
The Articles that relate to women and children who are suffering from domestic abuse are;
To protect life (Article 2).
This requires that everyone's right to life shall be protected by law. This is not an absolute right, in that although no one can be deprived of life intentionally, there are exceptions where it would be legal to do so.
To protect from torture, inhuman and degrading treatment (Article 3).
This requires that no one shall be subjected to torture or to inhuman or degrading treatment or punishment. This is an absolute right, breach of which cannot be justified or excused by other factors.
Prohibition of slavery and forced labour (Article 4).
Right to liberty and security of the person (Article 5).
No one is to be deprived of her liberty except in very specific circumstances and in accordance with procedures prescribed by the law.
Right to a fair trial (Article 6).
There must be access to a court or tribunal that is independent and impartial. A hearing must be within a reasonable time and there must be a sense of "fair balance" between the parties, with each party being afforded a reasonable opportunity to present their case.
The article states that every person has the right to a public hearing, although at present children's cases are heard in private. There should be valid reasons given by the court for each verdict.
Right to respect for private and family life (Article 8).
There is a positive obligation on the state to ensure an effective respect for this right. However, this is a qualified right which means there can be interferences with an individual's family life provided the interference is:
a) Lawful;
b) Serves a legitimate purpose ;
c) Necessary in a democratic society; and
d) Is not discriminatory.
The Act cannot be used against a private individual who infringes the rights of another. The Human Rights law affects all other types of law and therefore it can be used to protect the rights of women and children experiencing domestic violence and abuse.
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The Wales Domestic Abuse Helpline is a confidential, freephone support and information service for anyone experiencing domestic abuse or wanting more information on available support services. Open 24 hours. Click on the logo for more information