北爱尔兰新的家庭虐待罪

IF 0.3 Q3 LAW
R. McQuigg
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引用次数: 0

摘要

2021年3月,根据《2021年家庭虐待和民事诉讼法》(北爱尔兰)第1条,北爱尔兰引入了一项特定的家庭虐待罪。这是北爱尔兰应对家庭虐待的一个重要进展。新立法将胁迫和控制行为定为刑事犯罪,因此使北爱尔兰与联合王国和爱尔兰的其他司法管辖区以及相关人权标准保持一致。作为联合王国和爱尔兰境内将此类行为定为刑事犯罪的最终司法管辖区,北爱尔兰的做法可以参考其他司法管辖区颁布的立法,在某些方面,北爱尔兰可以“挑选”这些司法管辖区做法的最佳方面。北爱尔兰的家庭虐待罪也有一些方面与其他任何司法管辖区的做法不同。然而,尽管制定家庭虐待罪肯定是一个非常积极的发展,但这并不能完全解决北爱尔兰的家庭暴力问题。在处理家庭虐待方面,立法本身是不够的,需要进一步持续努力来解决这一问题。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Northern Ireland’s New Offence of Domestic Abuse
A specific offence of domestic abuse was introduced in Northern Ireland in March 2021 under section 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021. This represents a crucial development in Northern Ireland’s response to domestic abuse. The new legislation has the effect of criminalizing coercive and controlling behaviour, therefore bringing Northern Ireland into line with the other jurisdictions within the United Kingdom and Ireland, and also with relevant human rights standards. Being the final jurisdiction within the United Kingdom and Ireland to criminalize such behaviour has enabled Northern Ireland’s approach to be informed by the legislation enacted in the other jurisdictions and, in some respects, has allowed Northern Ireland to ‘cherry pick’ the best aspects of the approaches of these jurisdictions. There are also aspects of Northern Ireland’s domestic abuse offence which differ from the approaches in any of the other jurisdictions in question. However, although the enactment of the domestic abuse offence is certainly a very positive development, this will not constitute a complete panacea to the problem of domestic violence in Northern Ireland. Legislation in itself is insufficient as regards addressing domestic abuse, and further sustained efforts are necessary to tackle this issue.
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来源期刊
CiteScore
0.50
自引率
0.00%
发文量
10
期刊介绍: The principal objectives of the Review are to provide a vehicle for the consideration of the legislative process, the use of legislation as an instrument of public policy and of the drafting and interpretation of legislation. The Review, which was first established in 1980, is the only journal of its kind within the Commonwealth. It is of particular value to lawyers in both private practice and in public service, and to academics, both lawyers and political scientists, who write and teach within the field of legislation.
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