Isabella Da Re assesses the human rights implications of the UK government’s response to a surge in the reporting of domestic violence during “lockdown”.
With the global pandemic raging globally, some of the hidden victims of this phenomenon are those trapped at home with their abusers; namely, the victims of domestic violence, whose lives are characterised by the infringement of their basic human rights.
So, what is domestic violence? The Istanbul Convention was drafted to specifically tackle the issue of domestic violence in Europe and defines it as ‘acts of physical, sexual, psychological or economic violence that occur within the family or domestic unit or between former or current spouses or partners, whether or not the perpetrator shares or has shared the same residence with the victim’.[1] Mirroring this, the Domestic Violence Bill 2020 proposes a statutory definition of domestic violence in UK law, which is twofold; it addresses the meaning of abuse along with the relationship between victim and perpetrator.[2] The notion of coercive control is at the heart of the domestic violence definitions. Evan Stark explains that this is a behavioural pattern which seeks to limit the victim’s liberties, freedoms and self, thus going beyond the bodily harm by violating their human rights.[3]
Domestic violence is often referred to a silent killer, one which is particularly hard to tackle due to its ‘private’ and family-oriented nature. It is a social phenomenon which affects women disproportionately, varying in form, and has been at the core of the women’s rights and the feminist movement’s agenda. It is estimated that 1.6 million women, 786,000 men[4] and 1 in 5 children suffered a form of domestic violence in 2019 in the UK.[5]
The colloquially called ‘lockdown’ measure introduced by the UK government to tackle the spread of the Covid-19 pandemic in March has seen a rise in the reporting of domestic violence. The measures aimed to restrict movement, allowing individuals out of their homes only for essential errands, such as exercising or buying food and medicine, and preventing them from socialising with other individuals who do not live in the same household.[6] The fact that potential or past domestic abuse victims were confined to the same premises with their abusers, and prevented from being unable to rely on others, increased the occurrence of abuse across a wide spectrum of society.
Data collected by Women’s Aid Survivor Survey shows that since lockdown, 67% of victims have reported suffering more abuse, and 72% have indicated that their abuser has had greater control over their life.[7] This often entails an element of coercion and threats by the abuser, which have far reaching ramifications. For instance, it can result in preventing the victim from reporting abuse due to fear of repercussions.[8] Similarly, the coercion can range from violent abuse, to withholding food and medicine and preventing contact with children. In many cases, the abuser exerts total control over, and manipulative influence on, their victim. This results in interference with their fundamental human rights.
Domestic violence and the European Convention on Human Rights
The European Convention on Human Rights (ECHR) has created a powerful framework which holds signatory states accountable for breaches of an individual’s human rights. This means that when concerned with domestic violence cases, the state has a positive obligation to provide a regulatory framework which allows for protection, investigation, prosecution and punishment of abuse.
Opuz v Turkey is the landmark ECtHR case on the state’s responsibility towards domestic violence victims. The court found a breach of; Article 2 due to the inaction of authorities upon the repeated reporting’s of violent behaviour by the perpetrator; Article 3 due to the state’s inability to protect the victim from violence and abusive behaviour, which amounted to inhumane and degrading treatment and/or torture; and lastly, Article 14, as Turkish law was seen to discriminate against women when issues of gender-based violence were involved. In essence, the state must exercise due diligence to prevent human rights abuses.[9]
Therefore, how do Articles 2 and 3 of the ECHR ensure that victims of domestic violence are protected by the state?
Article 2 of the ECHR, the right to life, ensures states’ action in domestic violence cases where there is an identifiable risk.[10] This means that when ‘authorities knew or ought to have known… a real and immediate risk to the life of an identified individual from the criminal acts of a third party and that they failed to take measures within the scope of their powers’.[11] Therefore, as per Branko Tomašić and Others v Croatia, such instances would include the lack of investigation into domestic violence allegations or negligence in issuing protection and restraining orders.[12] The importance of a regulatory framework which functions even during pandemics therefore is paramount, so a state’s responsibility does not subside even in such circumstances.
Article 3 ensures the freedom from torture and inhumane and degrading treatment, imposing a negative obligation to refrain from acts of torture and ill-treatment and a positive obligation to investigate, prosecute and punish.[13] What constitutes torture as opposed to inhumane and degrading treatment, has been debated in the courts. Ireland v UK deemed that ‘wall-standing, sleep deprivation, subjection to intense noise, hooding and withholding of food’ did not amount to torture.[14] Dissenting judges argued that the breaking of an individual’s will and use of psychological techniques should be deemed torture. Conversely, Aydin v Turkey established that rape, beating, stripping and spraying with high pressure water whilst in custody amounted to torture.[15] So, due to the nature of domestic violence, the courts could see elements of domestic violence to amount to inhumane and degrading treatment or torture when considering the state’s role in protecting victims.
The UK’s Covid-19 response
Has the UK responded in a manner which protects victims of domestic violence during the lockdown?
The Home Office released the #YouAreNotAlone campaign, which aimed to spread the message that help is still available for victims and provided a quick link to the National Domestic Abuse Helpline number.[16] It also provided £2 million to help domestic violence helplines, along with easing regulations to allow victims to leave their household when seeking help or escaping from domestic abuse.[17] In a similar manner, the police have been more active due to the high threshold of domestic violence calls, with the Metropolitan police making 4,093 arrests for domestic abuse offences in just the first month of lockdown.[18]
However, Human Rights Watch has suggested that organisations helping domestic violence victims have been insufficiently supported due to the increased number of individuals seeking help, and the government’s efforts to subsidise have provided only marginal relief.[19] Also, many local grass-root organisations reliant on volunteers and centres of Women’s Aid have been reduced or suspended during the pandemic, making it even harder for victims to seek help.[20]
Moreover, the most vulnerable victims of domestic violence, like members of the Black, Asian, and minority ethnic (BAME) community, have become even more marginalised during the pandemic. Present inequalities and poverty have meant that such victims lack access to the internet and/ or communication devices, resulting in few being able to seek help.[21] For victims of all backgrounds, being locked at home with their abuser, perhaps under constant supervision, has made it difficult to access help remotely.
There is pressure on law enforcement, the state and the criminal justice system to ensure continuity of support services and prosecution of domestic violence perpetrators, which will become even more prominent after the return to ‘normality’ post pandemic. Many hope that the Domestic Abuse Bill 2020[22] will finally become law in order to tackle the issues in domestic violence recognition, legislation and measures which were already present pre-pandemic, while addressing the new short-term and long-term effects of lockdown on domestic violence victims. In essence, the UK government will have a significant responsibility in respecting and ensuring the human rights of domestic violence victims.
References
[1] Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), Art 3.
[2] ‘Statutory Definition of Domestic Abuse Factsheet (Gov, 3 March 2020)’ <https://www.gov.uk/government/publications/domestic-abuse-bill-2020-factsheets/statutory-definition-of-domestic-abuse-factsheet> accessed 24 June 2020.
[3] Evan Stark, Coercive Control : The Entrapment of Women in Personal Life (Oxford University Press 2007).
[4] Office of National Statistics, ‘Domestic Abuse Prevalence and Trends, England and Wales’ (ONS, 25 November 2019) <https://www.ons.gov.uk/peoplepopulationandcommunity/crimeandjustice/articles/domesticabuseprevalenceandtrendsenglandandwales/yearendingmarch2019> accessed 5 April 2020.
[5] Office of National Statistics, ‘Child Abuse Extent and Nature, England and Wales’ (ONS, 14 January 2020) <https://www.ons.gov.uk/peoplepopulationandcommunity/crimeandjustice/articles/childabuseextentandnatureenglandandwales/yearendingmarch2019> accessed 5 April 2020.
[6] Prime Minister’s Office, ‘PM Address to the Nation on Coronavirus: 23 March 2020 (GOV, 23 March 2020)’ <https://www.gov.uk/government/speeches/pm-address-to-the-nation-on-coronavirus-23-march-2020> accessed 13 June 2020.
[7] Women’s Aid, ‘Survivors Say Domestic Abuse Is Escalating under Lockdown (28 April 2020)’ <https://www.womensaid.org.uk/survivors-say-domestic-abuse-is-escalating-under-lockdown/> accessed 13 June 2020.
[8] Stark (n 3).
[9] Opuz v Turkey, App no 33401/02 (ECtHR, 9 June 2009).
[10] Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights, as amended ) (ECHR) .
[11] Branko Tomašić and Others v Croatia, App no 46598/06 (ECtHR, 15 January 2009) pg.17.
[12] ibid.
[13] Bantekas and Oette (n 10).
[14] App no 5310/71 (European Commission, 18 January 1978, para 2, para 167).
[15] App No 23178/94, (European Commission, 25 September 1998).
[16] Home Office, ‘Home Secretary Announces Support for Domestic Abuse Victims (GOV, 11 April 2020)’ <https://www.gov.uk/government/news/home-secretary-announces-support-for-domestic-abuse-victims> accessed 13 June 2020.
[17] ibid.
[18] Jamie Grierson, ‘Domestic Abuse Surge in Coronavirus Lockdown Could Have Lasting Impact, MPs Say (The Guardian, 27 April 2020)’ <https://www.theguardian.com/society/2020/apr/27/domestic-abuse-surge-coronavirus-lockdown-lasting-impact-mps> accessed 13 June 2020.
[19] Human Rights Watch, ‘UK Failing Domestic Abuse Victims in Pandemic (Human Rights Watch, 8 June 2020)’ <https://www.hrw.org/news/2020/06/08/uk-failing-domestic-abuse-victims-pandemic> accessed 13 June 2020.
[20] ibid.
[21] ibid.
[22] (2019-2021)[98].
Disclaimer: The BPP Human Rights blog, and all pieces posted on the blog, are written and edited exclusively by the student body. No publication or opinion contained within is representative of the values or beliefs held by BPP University or the Apollo Education Group. The views expressed are solely that of the author and are in no way supported or endorsed by BPP University, The Apollo Education Group or any members of staff.
BPP Human Rights Law Blog 
This is a great article. I think it is also very important to mention children who are victims of domestic abuse. Especially when their schools (safe havens) are closed. I have recently spoken to a teacher who said their main concern is those children that have difficult home lives. Since they cannot escape to school to be safe, teachers are making the effort to visit their homes. What is the government doing to help with this?