A Human Rights Based Approach to the Realisation of Victims' Rights in Legal Proceedings Involving Victims of Intimate Partner Violence

This thesis examines the potential of a human rights-based approach (HRBA) to identify areas in need of reform in the protection of victims' rights during legal proceedings involving intimate partner violence (IPV). The thesis begins by providing an overview of victims' rights in international human rights law as they have been elaborated by a range of international organizations. It then outlines the key elements of a HRBA, tracking its evolution from the field of development to its application to human rights violations. This thesis constructs a bespoke HRBA to provide an analytical framework with which to evaluate models of victim protection during legal proceedings involving IPV.
Drawing on the HRBA framework constructed, the thesis then proceeds to analyse four models of legal proceedings involving IPV. The first model is the traditional, fragmented approach adopted by many States, in which no structural changes or coordinated practices have been adopted. The HRBA is applied to this model to identify areas for reform that could enhance the realisation of victims' rights in legal proceedings involving IPV. This thesis uses the example of the Irish jurisdiction to analyse this approach using the bespoke HRBA. In so doing, this thesis identifies the numerous areas in need of reform in the Irish approach, particularly with respect to supports to prevent secondary victimisation.
The second model examined with reference to the HRBA is the multi-agency model adopted in many jurisdictions in the form of the Family Justice Centre. This model coordinates agencies and policies to provide better access to support services for victims of IPV engaging in legal proceedings. Many of the issues in need of reform in the Irish jurisdictions were also found to be present in the Family Justice Centre such as an absence of accountability mechanisms to prevent rights violations and inadequate protection during legal proceedings to prevent secondary victimisation. The third model examined is the Specialised Court through the Integrated Domestic Violence Court. Like the Family Justice Centre, this model coordinates agencies and policies to make supports available to victims. This model also extends to the courtroom, coordinating criminal and family law proceedings before one judge. By applying the HRBA to this model, this thesis was able to identify particular concerns with respect to balancing the rights of victims with those of the accused and achieving fair justice for all. Finally, this thesis evaluated the Restorative Justice model using the HRBA. This revealed concerns over the accountability framework in place in Restorative Justice models, as well as potential to infringe on the rights of the accused.
The central claim of this thesis is that the HRBA can be used to identify areas in need of reform in the protection of victims' rights during legal proceedings involving IPV. The value of the application of this analytical framework lies in identifying areas in which human rights can provide vulnerable victims with increased support and protection. The grounding of this approach in international human rights law affords it the potential to enhance victim protection through State obligation and to prevent further harm being inflicted on victims of IPV in pursuing redress through legal proceedings.