Citation

Mcquigg RJA. Int. J. Hum. Right 2010; 14(3): 343.

Copyright

(Copyright © 2010, Frank Cass & Co. Ltd.)

DOI

10.1080/13642980802535427

PMID

unavailable

Abstract

It has been increasingly recognised in recent years that domestic violence constitutes a human rights issue. This paper seeks to shed light on the question of how human rights law may be used in the area of domestic violence through the medium of a litigation strategy. The method used is a comparative assessment of the approaches taken towards gender issues by the Constitutional Courts in three states that have famously dynamic judiciaries - India, South Africa and Canada. A number of the obstacles to the effectiveness of human rights law are also examined.