Free Health Dissertations - The Problem Is What Is To Be Done When There Is A Case Of Domestic Violence,
The problem is what is to be done when there is a case of domestic violence, because this routine enquiry is ineffective without a method of reporting, prevention and prosecution of the batterers. This leads to the discussion that presupposes that with this enquiry there is a duty to investigate, report and prevent cases of domestic violence that have come to light with this enquiry; hence creating ethical and legal considerations that question the viability of imposing such a duty.
5) Discussion
Human Rights Theory & Domestic Violence:
Fundamental Human Rights:
Under Hohfeld’s view it becomes clear that, traditionally, most freedoms were merely liberties; one did no wrong to exercise them, but there was no positive duty on any organ of the state to allow or facilitate them Nevertheless, some of our entitlements clearly had and have the quality of Hohfeldian claim-rights [akin to inherent rights] in that they are protected by a positive correlative duty However, even when a citizen holds a right, there were under domestic law no legal guarantees that the legislation providing the positive protection would not be repealed. When the Human Rights Act 1998 came fully into force many Hohfeldian liberties became rights in Hohfeldian terms since public authorities have been laid under a positive duty to respect them and will act unlawfully if they do not, unless the only possible reading of contrary primary legislation is that the right must be infringed The 1998 Act does not provide a set of immunities since it can be overridden by primary legislation [as these rights would stand under the ECHR or under US Constitution]. But the Act clearly represents a dramatic shift in rights protection in the UK, away from residual freedoms towards positive rights.
Therefore the HRA 1998 has provided a new vision of rights, which the UK has to deal with and only after almost four years of being in force, it cannot be expected that the hundreds of years of English Legal development has to change course.
Traditional rights in the UK are known as civil liberties, which follows he arguments of utilitarianism. Modern utilitarian theorists have extended the theory of Bentham, but have put it in more modern terms. Instead of maximising the pleasures and desires of the individual the government would be maximising the general welfare of individuals therefore minimising frustration of wants and preferences. Therefore what one can see is that the governing bodies must put the general welfare first, yet minimise the individual’s needs therefore causing a conflict of rights between what is in the name of the society and what the individual wants.
