Domestic violence as a human rights issue

Abstract

The Protection of Human Rights is a topic that has become an internationally recognized priority. Domestic Violence is considered to be an issue of a private essence. Therefore, it is not a topic that is publicly spoken of. Due to many recent developments, Domestic Violence is also viewed as being an abuse or outright infringement of one’s fundamental human rights. This term paper will analyze Public and Private Dichotomy. Whilst examining the situation wherein a victim of Domestic Violence also risks having his or her fundamental human rights abused, the State’s positive duty to guarantee the rights of each and every individual will also be looked into. Thus, this issue cannot be considered to be a private matter anymore as the State is held wholly accountable for such crimes. It is the function of the State to guard each and every individual and their respective rights. This is acquired by reading through various judgments delivered by the European Court of Human Rights (ECtHR) whereby Domestic Violence is associated to several violations of Human Rights as are the Right to Family Life and Privacy. Additionally, the writer shall also look into the current legislation such as the Istanbul Convention and the Gender-Based Violence and Domestic Violence Act. Reference shall also be made to any changes in the Maltese Civil and Criminal Code to reach the final conclusion as to examine whether such legislation discussed are sufficient for the protection of victims subject to Domestic Violence, or otherwise.