The efficacy of Clare’s Law in domestic violence law reform in England and Wales

2016 ◽  
Vol 17 (3) ◽  
pp. 284-300 ◽  
Author(s):  
Kate Fitz-Gibbon ◽  
Sandra Walklate
Keyword(s):  
Domestic Violence ◽  
Critical Analysis ◽  
Law Reform ◽  
Victim Blaming ◽  
England And Wales ◽  
High Profile ◽  
The Right To Privacy ◽  
The Subject ◽  
The Uk ◽  
The Right

In 2011 the high profile murder of Clare Wood led to the introduction of the national domestic violence disclosure scheme (‘Clare’s Law’) in England and Wales. The scheme aims to prevent the perpetration of violence between intimate partners through the sharing of information about prior histories of violence. Despite already spreading to comparable jurisdictions in the UK and Australia, to date the merits of a domestic violence disclosure scheme have been the subject of limited scholarly review and analysis. This article provides a timely critical analysis of the need for and merits of Clare’s Law. It examines the data impediments to the scheme, the need to balance the right to protection with the right to privacy and the question of victim empowerment versus responsibilization and victim blaming. The article concludes that there is a need to heed caution in adopting this policy elsewhere.

LA CAZA DEL ZORRO ANTE EL TRIBUNAL EUROPEO DE DERECHOS HUMANOS. COMENTARIO A FRIEND Y COUNTRYSIDE ALLIANCE V. REINO UNIDO, DECISIÓN DE ADMISIBILIDAD DEL TEDH (SECCIÓN CUARTA) DE 24 DE NOVIEMBRE DE 200

2010 ◽  
pp. 201-216
Author(s):  
AGUSTIN GARCIA URETA
Keyword(s):  
Property Right ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Derechos Humanos ◽  
Basic Rights ◽  
European Court ◽  
The Uk ◽  
The Right

Este comentario analiza la sentencia del Tribunal de Derechos Humanos de 24 de noviembre de 2009, en relación con la prohibición de cazar zorros con perros en el Reino Unido, adoptada mediante la Hunting Act 2004. En la sentencia el Tribunal desestima las alegaciones de los demandantes, que habían sostenido la infracción de derechos básicos reconocidos en el Convenio Europeo, como la vida privada, el derecho de reunión, de propiedad o de igualdad. Iruzkin honek, Erresuma Batuan 2004an Hunting Act delakoaren bidez azeriak txakurrekin ehizatzeari buruzko debekua dela eta, Giza Eskubideen Auzitegiak emandako epaia du aztergai (2009-11-24). Auzitegiak auzi-jartzaileen alegazioak ezeztatzen ditu. Hauen arabera, debekuak Europako Hitzarmeneko oinarrizko hainbat eskubide urratuko luke, esaterako, bizitza pribatua, bilera-eskubidea, jabetza-eskubidea edo berdintasun printzipioa. This comment analyses the judgment of the European Court of Human Rights of 24 November 2009 concerning the hunting prohibition set out in the UK Hunting Act 2004. The Court dismissed all the allegations concerning the breach of basic rights enshrined in the Convention, i.e., the right to privacy, the freedom of peaceful assembly, the property right and non-discrimination rights.

Legal aspects of fitness for work

2013 ◽  
pp. 21-41
Author(s):  
Gillian S. Howard
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Legal Aspects ◽  
Employment Law ◽  
England And Wales ◽  
Law System ◽  
Lower Courts ◽  
The Common ◽  
The Uk ◽  
The Right

The English legal system is based on the common law. The common law system in England and Wales developed from the decisions of judges whose rulings over the centuries have created precedents for other courts to follow and these decisions were based on the ‘custom and practice of the Realm’. The system of binding precedent means that any decision of the Supreme Court—the new name for the former House of Lords (the highest court in the UK)—will bind all the lower courts, unless the lower courts are able to distinguish the facts of the current case and argue that the previous binding decision cannot apply, because of differences in the facts of the two cases. However, since the UK joined the European Union (EU), the decisions of the European Court of Justice (ECJ) now supersede any decisions of the domestic courts and require the English national courts to follow its decisions. (Scotland has a system based on Dutch Roman law, and some procedural differences although no fundamental differences in relation to employment law.) The Human Rights Act 1998 became law in England and Wales in 2000 (and in Scotland in 1998) in order to incorporate the provisions of the European Convention on Human Rights into UK law. The two most important Articles applicable to employment law are Article 8(1), the right to respect for privacy, family life, and correspondence, and Article 6, the right to a fair trial.

scholarly journals After the Honeymoon: The Uneasy Marriage of Human Rights and the Environment Under the European Convention on Human Rights and in UK Law Under the Human Rights Act 1998

2014 ◽  
Vol 43 ◽  
pp. 317-368
Author(s):  
Karen Morrow
Keyword(s):  
Human Rights ◽  
European Convention ◽  
The Right To Privacy ◽  
The United Kingdom ◽  
Protection Of Human Rights ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk ◽  
The Right ◽  
Domestic Law

The European Convention for the Protection of Human Rights and Fundamental Freedoms (1950) (ECHR) regime has, in the absence of specific coverage of environmental rights, developed a “creative” approach in its jurisprudence in this area, pressing a variety of other rights, notably: Article 6 (the right to a fair hearing); Article 8 (the right to privacy and family life); and Article 1 to the First Protocol of the ECHR (the right to enjoyment of property) into service. This creativity has achieved much in according indirect protection to individuals in this regard, but has also placed additional pressure on the already congested Convention system. The entry into force of the Human Rights Act 1998 (HRA) made long-held rights under the ECHR directly accessible in domestic law in the United Kingdom. This naturally spawned a wave of litigation. One of the most prominently litigated areas concerned the pursuit of a variety of environment-based rights claims. In the intervening decade, the application of the ECHR to environmental claims in the UK courts has generated somewhat mixed results. This is in part a result of the “patchwork” approach that has developed toward environmental claims within the Convention regime itself, but it is also a product of the nature of the relationship between the ECHR and domestic law and the content and ethos of both regimes. This article will conclude by briefly considering the on-going role of the ECHR regime in environmental cases in light of subsequent developments in this area of law, notably under the Aarhus Convention.

scholarly journals Consensus Ad Idem: A Plea for Objectivity in Telephonic Contracts

2017 ◽  
Vol 6 (1) ◽  
pp. 41-56
Author(s):  
D Ganesh Kumar ◽  
Akshay Douglas Gudinho
Keyword(s):  
Freedom Of Speech ◽  
Contract Law ◽  
Fundamental Rights ◽  
Objective Analysis ◽  
Due Diligence ◽  
Legal Certainty ◽  
The Right To Privacy ◽  
The Subject ◽  
The Right ◽  
Made In

Consensus Ad Idem, legally defined as „meeting of minds‟, at the time of the formation of a contract, warrants a cardinal jurisprudential question which transcends its mere literal meaning. In Indian Contract Law, the trend has followed the test of objectivity, whereby it is not the actual intent of the party or parties that enter into the contract that is the subject of judicial evaluation, but it is what a reasonable man would deliberate in the peculiar circumstances of the case. However, the evaluation of telephonic conversations merit intrinsic jurisprudential insight. While applying the objective test, the questions that arise are - is there legal certainty of assent to a contract over telephonic conversations i.e. whether there is free consent. Do the parties have the capacity to contract over telephone? What are the liabilities of the telephone operator and his legal bond to the contract between two or more contracting parties? Does it amount to violation of the fundamental rights to freedom of speech and expression and the right to privacy? The authors attempt to provide an objective analysis of communication in contracts over telephonic means and the constitutional environment embedded therein. To this end, a plea for due diligence prior to the formation of telephonic contracts shall be made in order to bring objectivity to the judicial evaluation of telephonic contracts.

Certificates and the Right to Payment

2021 ◽  
pp. 297-309
Author(s):  
David Sawtell ◽  
Nicholas Higgs
Keyword(s):  
Construction Operations ◽  
England And Wales ◽  
Construction Contracts ◽  
The Uk ◽  
The Right

This chapter looks at the payment provisions introduced by the Housing Grants, Construction and Regeneration Act 1996 (HGCRA) that apply to most substantial onshore construction operations in the UK. It analyses construction contracts defined under sections 104–105 of the HGCRA, which must contain a minimum, mandatory payment, and payment notice regime. It also explains how the HGCRA regulates and prohibits payment provisions, such as ‘pay when paid’ clauses. This chapter probes section 109 of the HGCRA, stipulating that any party to a construction contract in the UK is entitled to payment by instalments, stage payments, or other periodic payments for any work under the contract. It reviews the relevant statutory provisions in the HGCRA and the Scheme for Construction Contracts (England and Wales) Regulations 1998, which provide a payment code that must be followed in every UK construction contract from October 2011.

scholarly journals The Exclusion of Improperly Obtained Evidence in Greece: Putting Constitutional Rights First

2007 ◽  
Vol 11 (3) ◽  
pp. 181-212 ◽  
Author(s):  
Dimitrios Giannoulopoulos
Keyword(s):  
Criminal Procedure ◽  
Constitutional Rights ◽  
Right To Privacy ◽  
England And Wales ◽  
The Right To Privacy ◽  
The Right

In contrast with England and Wales, where there is a discretion to exclude improperly obtained evidence, exclusion in Greece is automatic. Article 177 para. 2 of the Code of Penal Procedure mandates that evidence obtained by the commission of criminal offences is not taken into consideration. In addition, article 19 para. 3 of the Constitution prohibits the use of evidence obtained in violation of the right to privacy. Inspired by the rigidity of these exclusionary rules, the rights-centred approach that they reflect and the context of a constitutional criminal procedure within which they apply, this article sheds light on the protection of constitutional rights as a rationale for the exclusion of improperly obtained evidence. It does so against the background of the reliability-centred exclusionary doctrine in England.

scholarly journals Navigating Family Involvement in Domestic Violence Fatality Review: Conceptualising Prospects for Systems and Relational Repair

2021 ◽  
Author(s):  
James Rowlands ◽  
Elizabeth A. Cook
Keyword(s):  
Domestic Violence ◽  
Conceptual Framework ◽  
Family Involvement ◽  
Domestic Homicide ◽  
England And Wales ◽  
Policy Practice ◽  
Theoretical Literature ◽  
The Family ◽  
The Subject ◽  
Professional Interactions

Abstract Purpose Family involvement is a key element of Domestic Homicide Review (DHR), the form of Domestic Violence Fatality Review (DVFR) found in England and Wales. Family involvement is framed as having dual purposes: first, as a benefit to DHRs, enabling a fuller picture of victims’ experiences; second, as a benefit to families themselves, notably as a therapeutic or cathartic opportunity. However, these dual purposes have been little considered. This conceptual article responds to this absence by interrogating the purpose, process and outcomes of family involvement within DHRs. Method To explicate purpose, process and outcomes, we synthesise policy, practice and the extant empirical and theoretical literature relating to family involvement in DHRs. We supplement this by engaging with a broader body of emerging research on family involvement in other review systems, analysing this through a lens of citizenship and participation. Results Family involvement in DHRs is little explicated and there is a need to better engage with how family are involved in DHRs, as a way of increasing transparency for family rights. By way of response, a tentative conceptual framework is proposed which situates family involvement as demonstrative of systems- and relational-repair. Conclusions The article concludes by arguing for greater attention to the Theory(s) of Change underpinning both the place of the family and their testimony, as well as the DHR system as a whole. Such clarity would benefit family, both as the subject of professional interactions but, critically, as agents in the DHR process in their own right.

scholarly journals Memória e esquecimento no mundo virtual: os mesmos fios tecendo uma nova trama? │ Memory and forgetting in the virtual world: the same thread weaving a new tapestry?

2015 ◽  
Vol 11 (1) ◽  
Author(s):  
Georgete Medleg Rodrigues ◽  
Eliane Braga de Oliveira
Keyword(s):  
European Union ◽  
Virtual World ◽  
Digital Environment ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Digital World ◽  
Right To Be Forgotten ◽  
The Subject ◽  
Right To Information ◽  
The Right

RESUMO O “direito ao esquecimento” tem sido destaque na mídia brasileira nos últimos anos.  Alguns casos levados aos tribunais confrontam o “direito à privacidade”, “direito à informação” e “direito ao esquecimento”. O artigo contextualiza a emergência do “direito ao esquecimento” no ambiente digital e seus desdobramentos, analisando documentos da União Europeia e da Unesco, e sistematiza as reflexões de alguns autores sobre a questão da memória e do esquecimento e suas implicações no mundo virtual. Destaca a diversidade de aspectos que envolvem o tema, considerando a sua aparição recente como objeto de preocupação, antes mais focada na memória digital.Palavras-chave: Direito ao Esquecimento; Memória; Direito à Informação; Mundo Digital.    ABSTRACT The “right to be forgotten” has been featured in Brazilian media in recent years. Some cases brought before the courts confront the “right to privacy”, "right to information" and “right to be forgotten”. The article analyzes the emergence of the “right to be forgotten” in the digital environment and its consequences, researching European Union and Unesco documents. It also examines the reflections of some authors on the subject of memory and forgetting, and its implications in the virtual world. The article highlights the diversity of aspects involved in the issue, and considers its recent appearance as a matter of concern, more focused previously on digital memory.Keywords: Right to be Forgotten; Memory; Right to Information; Digital World.

scholarly journals Clare’s Legacy Travels to Alberta: Undesired Consequences and Repercussions of Bill 17

INvoke ◽  
2020 ◽  
Vol 6 ◽  
Author(s):  
Jenna Robinson
Keyword(s):  
Domestic Violence ◽  
Extended Period ◽  
Criminal History ◽  
Victim Blaming ◽  
Criminal Records ◽  
Police Services ◽  
Emergency Responders ◽  
The Right To Know ◽  
Victims Of Violence ◽  
The Right

This paper explores the proposed legislation entitled “Clare’s Law” which will be implemented in Alberta in June of 2020. Clare’s Law has been used as a response to the alarming reported rates of domestic violence around the world. Clare Wood was a woman who was killed by her ex-partner; she contacted the police numerous times over an extended period of time but was never assisted. Clare’s Law provides individuals with the right to know and the right to ask. This will allow concerned individuals to inquire about the criminal records of one’s partner. Furthermore, it requires emergency responders to inform individuals of one’s criminal history if it pertains to domestic violence. Premier Jason Kenney is addressing the alarming reported rates of domestic violence by enacting Clare’s Law in Alberta. This paper explores the benefits and concerns surrounding the implementation of such legislation. Clare’s Law may provide individuals with awareness of their partners criminal history regarding domestic violence, however this paper’s main argument is that Clare’s Law will not be effective and will cause more harm than good. The Law does not increase services, shelters or support for victims of violence. Furthermore, it may provoke victim blaming and it assumes accountability by police services and judicial systems that have continually failed victims. This paper is significant due to the significant rate of domestic violence in Alberta. This paper states that incidences of domestic violence will not improve because of Clare’s Law and could make situations worse for victims of domestic violence.

A Frame Analysis of Privacy Regulation in an International Arena

2011 ◽  
pp. 214-237
Author(s):  
V. Agarwal
Keyword(s):  
Data Protection ◽  
Frame Analysis ◽  
Social Philosophy ◽  
Legal Issues ◽  
Privacy Regulation ◽  
Global Context ◽  
Online Interactions ◽  
The Right To Privacy ◽  
The Subject ◽  
The Right

The conceptualization of privacy has been the subject of much debate for more than a century in scholar-ship ranging from social philosophy and sociology to law, finance, and medicine. Legal issues concerning the right to privacy, moreover, are part of a complex web of state and national laws. This chapter examines the international legal issues resulting from the European Union’s 1998 Data Protection and Privacy Directive and its effects on online interactions in a global context. The authors believe this focus will help individuals interacting in international cyberspace understand and adapt to varying cultural and national perspectives of privacy in such contexts.

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