Suchergebnisse

"This book provides detailed analysis of the applicability of the provisions of the European Convention on Human Rights to issues raised by the COVID-19 pandemic. It encompasses in-depth discussion of the emerging jurisprudence of the European Court of Human Rights relating to issues arising from the pandemic. To date, a substantial number of complaints concerning such issues have been made to the Court. Human rights claims in the context of the pandemic fall into two broad categories - those based on arguments that states did not put in place sufficient measures to protect individuals from the virus; and those entailing arguments that the measures put in place themselves involved breaches of rights. The essential question with which the European Court of Human Rights must grapple is how to adjudicate on the correct balance which should have been struck. The book argues that the Court should be cautious of finding breaches of the European Convention on Human Rights in cases involving public restrictions which were applied for the purpose of protecting life and health in response to a global pandemic. If the concept of a human rights violation is defined too broadly, this dilutes the seriousness of such a breach. In particular, it is argued that to preserve the legitimacy of human rights law, the Court must be cautious of applying an overly narrow margin of appreciation in such cases. The work will be of interest to academics, researchers and policy-makers working in the area of Human Rights"--

"This book provides a detailed exploration of the responses of the criminal justice system to domestic abuse in Northern Ireland. The book's primary focus is on developments which have taken place since around 2010, and in particular since the restoration of the Northern Ireland Assembly in January 2020 after a three year suspension. The book includes discussion of the increased levels of domestic abuse in Northern Ireland in the context of the COVID-19 pandemic, and analyses the ways in which the criminal justice system responded. In addition, the book includes in-depth discussion of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021, which had the effect of criminalising coercive control, and the implications of this legislation for Northern Ireland's response to domestic abuse. The book will be of great interest to academics and researchers from a wide variety of disciplines, such as criminal law, criminology, social policy, human rights, family law, gender studies and sociology; as well as practitioners and those in the voluntary sector who are working in the area of combating domestic abuse. It can also be used on courses at both undergraduate and postgraduate levels which incorporate the topic of domestic abuse"--

Cover -- Half Title -- Series Information -- Title Page -- Copyright Page -- Table of Contents -- 1 Introduction -- Outline -- Terminology -- Notes -- 2 What Constitutes an Effective Criminal Justice Response to Domestic Abuse? -- Domestic Abuse and the Criminal Justice System -- The Need for Effective Criminal Legislation -- The Need for Effective Police Responses -- The Need for Effective Prosecutorial Responses -- The Need for Effective Judicial Responses -- Domestic Abuse as an International Human Rights Issue -- Human Rights Standards On Effective Criminal Justice Responses to Domestic Abuse -- Conclusion -- Notes -- 3 Criminal Justice Responses to Domestic Abuse in Northern Ireland Pre-2020 -- The Impact of the 'Troubles' On Criminal Justice Responses to Domestic Abuse in Northern Ireland -- Criminal Justice Inspection Northern Ireland Report - December 2010 -- Criminal Justice Inspection Northern Ireland Follow-Up Report - October 2013 -- Stopping Domestic and Sexual Violence and Abuse in Northern Ireland: A Seven Year Strategy -- The Need for Criminal Legislation On Domestic Abuse -- Domestic Violence and Abuse Disclosure Scheme -- Responding to Stalking -- Domestic Homicide Reviews -- Criminal Justice Inspection Northern Ireland Report - June 2019 -- Conclusion -- Notes -- 4 Criminal Justice Responses to Domestic Abuse in Northern Ireland 2020-2022 -- Northern Ireland in Early 2020 - The Onset of COVID-19 -- The Impact of the COVID-19 Pandemic On Levels of Domestic Abuse in Northern Ireland -- Responses to the Rise in Levels of Domestic Abuse in Northern Ireland in the Context of the COVID-19 Pandemic -- Domestic Homicide Reviews -- Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 -- Protection From Stalking Act (Northern Ireland) 2022 -- Legislation On Non-Fatal Strangulation.

This book examines the effectiveness of international human rights law, through the case study of domestic violence. This book asks whether international human rights law can only be effective in 'traditional' cases of human rights abuse or whether it can rise to the challenge of being used in relation to such an issue as domestic violence?The book focuses primarily on the question of how international human rights law could be used in relation to domestic violence in the United Kingdom. The book considers recent case law from the European Court of Human Rights on domestic violence and whether.

It is now over fifteen years since the Human Rights Act was enacted in November 1998. Although in legal terms it is difficult to argue with the proposition that the Act is working in an effective manner, in political terms the Act remains one of the most highly debated pieces of legislation on the UK statute books. In recent years there have been numerous calls for the repeal of the Act, and for its replacement with a 'UK Bill of Rights'. Such calls led to the establishment of a Commission on a Bill of Rights, which issued its final report in December 2012. Little progress has since been made on the issue. One notable occurrence however was the introduction of the Human Rights Act 1998 (Repeal and Substitution) Bill, a Private Member's Bill which was eventually withdrawn in March 2013. This article seeks to assess the current situation regarding the bill of rights debate, and ultimately the question of the future prospects of the Human Rights Act, an issue of immense legal significance. Overall, it will be questioned whether the enactment of a UK Bill of Rights would constitute an improvement on the current position under the Human Rights Act.