ABSTRACT
In this chapter the rights of victims of domestic abuse will be examined. The discussion begins with exploring the development of rights based narrative in the broader context of criminal justice, which historically focused on defendants, not victims. This chapter will then focus on the European Convention on Human Rights, which has been interpreted to apply to victims as well as defendants. The Convention gives a number of important rights to victims of domestic abuse, including the right to life which states have a positive obligation to protect. However, the interpretation and application of this and other Convention rights in practice raises some concerns, including the possible exploitation of rights claims by perpetrators of abuse. In addition, the scope of the ECHR is not as wide as regional human rights treaties specifically designed to cover domestic abuse.
