Archive for November 3rd, 2012

November 3, 2012

This case raises some interesting issues and questions. You do need to read it all below but my questions included:
1. Why is counselling preferable to a probation order that would focus on the specific behaviours associated with domestic abuse?
2. Was the ‘root cause’ of the violence Mr Wilson’s drinking? Was this the only incident?
3. Was it correct that Mrs Wilson had not reported any other incidents because there weren’t any? Or for any other reason…..

UK Human Rights Blog

Irene Wilson v. The United Kingdom (Application no. 10601/09) – read admissibility decision

Sadly barely a month seems to go by without a report in the media about the police and the justice system failing to protect the victims of domestic violence.

The Strasbourg Court  has been required on a number of occasions to assess whether the response of domestic authorities to domestic violence has been compatible with their positive obligations under Article 8 (right to respect for  family and private life) of the Convention.  Given that such individuals are of a particular vulnerability, Strasbourg has repeatedly emphasised the need for active state involvement in their protection. However, in this particular admissibility decision, the Court held that the Northern Irish authorities had not failed in their duty under the Convention to protect the applicant.

Background Facts

The applicant, Irene Wilson, was assaulted by her husband after they had been out…

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