ABSTRACT
This chapter suggests more progressive ways to combat domestic violence in line with the approaches to human rights. It also suggests that the problem of the intimate sphere and its relationship to domestic violence arises with the absence of horizontal effect. The chapter looks into Castlerock v. Gonzales to illuminate this problem under the United States Constitution. It outlines how Lenahan (Gonzales) v. United States, an Inter-American Commission human rights case, and treatises such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) hold states responsible for domestic violence. Drawing from John Locke and Martha Nussbaum, the chapter argues that the orthodox conception goes beyond the vertical effect of rights, placing duties directly on individuals. This poses a fundamental challenge to the private or intimate sphere, representing a powerful response to domestic violence. In line with the political conception, the relevant duty bearers are the relevant member states.
