Abstract:
Domestic violence is New Zealand’s most significant human rights failing according to the 2014 Universal Periodic Review on Human Rights. Yet, there is no indication in legislation or policy that domestic violence is considered a human rights issue in New Zealand. The Domestic Violence Act 1995 is merely ordinary law. In this paper I consider whether a human rights approach to domestic violence would provide greater redress for vulnerable women and children in New Zealand. Ultimately it is argued that domestic violence should be framed as a human rights approach. This could be by recognising a right to be free from domestic violence within the New Zealand Bill of Rights Act 1990 or by inserting a rights framework provision into the Domestic Violence Act. However, this is no simple solution to domestic violence. This is because it seems that human rights are considered mere political claims in New Zealand and because there is a clear reluctance to require the state to take positive action to prevent human rights abuses. Such culture may undermine the effectiveness of a recognised right to be free from domestic violence. However, I conclude by arguing that such problems do not outweigh the benefits of a human rights approach but merely require careful and sensitive enforcement of the right to be free from domestic violence.
