ABSTRACT
This chapter evaluates the potential of the Human Rights Act 1998 (HRA) to afford a remedy to victims of abuse on facts analogous to those that arose in New Zealand. It identifies the limitations inherent in the HRA, particularly in relation to time limits, that will provide a serious obstacle to securing justice for some victims. It is necessary also to consider the capacity of the HRA to influence the development of the common law through the court's role as a public authority under section 6 HRA. The Convention rights that bind public authorities are set out in Schedule 1 HRA and include two rights that are likely to be of particular significance in relation to child abuse claims: Article 3 which prohibits torture and inhuman or degrading treatment or punishment and the Article 8 right to respect for private and family life.
