The Application of Human Rights Law to Everyday Civilian Life Under Rebel Control

This article draws upon social science literature to offer a new assessment of the normative value of human rights law vis-à-vis international humanitarian law in territory under armed groups’ control. In particular, the article considers how the two bodies of law can be applied in a complementary manner to regulate the everyday life of civilians who are not involved in hostilities. The article demonstrates that while it might be tempting to imagine that concerns relating to rights such as the freedom of movement, the right to work or protection from common crime are completely displaced by considerations of physical security and survival in times of armed conflict, in reality this is often not the case.

     

Are Children's Best Interests Really Best? ZH (Tanzania) (FC) v Secretary of State for the Home Department

Although the Supreme Court's decision in ZH (Tanzania) is an important one, as this note explains, it is less novel than many suppose – and is in some ways disappointing. By stressing the importance of immigrant children's best interests, it fails to use this opportunity to promote their Convention rights effectively.     

Intimate Partner Violence and Psychological Distress among Young Couples: Analysis of the Moderating Effect of Social Support

Young adults are more likely to experience intimate partner violence (IPV) than older adults. Little is known about the effect of confiding to others about sustained violence on the mental health of victims. The objective of this study was to explore the links between IPV, help-seeking behaviors and psychological distress by gender in a sample of 233 young couples.Our results indicate the frequency of sustained psychological violence, but not physical violence, was positively associated to distress. For women, seeking help from a greater number of confidents moderated the association between violence and psychological distress. For men, results showed that frequencies of physical and psychological violence were both positively linked to distress. However, unlike women, social support had no buffering effect on men’s distress. These findings increase our understanding of the effects of social support on young adults’ distress following episodes of IPV.     

Accommodating Children's Rights in a Post Human Rights Act Era

This article considers why so little case law currently acknowledges that children have recognisable rights under the European Convention on Human Rights and argues that the family courts are not meeting the demands of the Human Rights Act 1998 in this regard. It suggests that a reinterpretation of the 'paramountcy principle' in the Children Act 1989 should be accompanied by a radically different judicial approach to evidence relating to children's best interests. The article considers the difficulties that such an approach might produce when applied to teenagers intent on refusing life-saving medical treatment. It further argues that the courts should call on the substantial body of rights jurisprudence to provide legal and moral support for this revised approach.     

Establishing a Relationship Between Behavior and Cognition: Violence Against Women and Children within the Family

The goal of our study is to determine whether a person’s cognitions regarding violence against women and violence against children within the family are associated with recourse to violent behavior toward them; and (2) the extent to which an adult who has a narrow conception of violence against women also has a narrow conception of, tolerant attitudes toward, and biased attributions with regard to violence toward children. Thirty men and 32 women took part in the study. Generally speaking, respondents more easily recognized physical aggression than psychological aggression, rated it more severely, and used it more often against their children than their spouses. Further, cognitions regarding violence against women and of parental violence against children appear to be strongly associated. Our results also suggest that the conception of violence toward women is associated with violence toward children.