This thesis seeks to address the challenge of intimate partner violence (IPV), a threat to the enjoyment of individual human rights, by expanding the analysis of State preventative obligations beyond a criminal justice model. This is achieved by approaching IPV through the international human rights system and investigating the emerging due diligence doctrine that expands the dichotomy of State obligations. Due diligence requires broader State interventions, not solely criminal and punitive in nature but measures tackling individual, relational and societal risk factors associated with IPV. The thesis elaborates on the meaning of the 5 Ps that constitute the due diligence framework, namely Prevent, Protect, Prosecute, Punish and Provision of Redress; and examines the content of due diligence procedures in IPV, as well as the difference between State interventions and State interferences in private and family life. Throughout the thesis, many innovative aspects are discussed, such as reproductive coercion as a new form of IPV, the conceptualization of teen dating violence as a human rights issue, emerging intersectional aspects in IPV and the importance of a transformative aim in due diligence interventions. This research critically contributes to the development of the due diligence doctrine as international obligations of conduct and establishes concrete measures that States can adopt and implement to prevent intimate partner violence. The thesis establishes a detailed guidance for State compliance with international norms related to IPV and informs all stakeholders of the benefits that a due diligence approach can provide in the fight against partner violence.
|Date of Award||15 Jun 2019|
|Supervisor||Rachael Field (Supervisor), Jodie O'Leary (Supervisor) & Alfred O'Donovan (Supervisor)|