Jump to ContentJump to Main Navigation
Vulnerable Adults and the Law$
Users without a subscription are not able to see the full content.

Jonathan Herring

Print publication date: 2016

Print ISBN-13: 9780198737278

Published to Oxford Scholarship Online: March 2016

DOI: 10.1093/acprof:oso/9780198737278.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 03 December 2021

Vulnerable Adults and Human Rights

Vulnerable Adults and Human Rights

(p.97) 5 Vulnerable Adults and Human Rights
Vulnerable Adults and the Law

Jonathan Herring

Oxford University Press

This chapter examines the duties of the state in protecting vulnerable adults in the European Convention on Human Rights (ECHR) and through the Human Rights Act 1998 (HRA). It also discusses the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (The Istanbul Convention). Essentially, there is a duty on the state to put in place laws which generally speaking ensure that citizens’ rights are protected. This means there must be an effective criminal law to deter violent crimes and an effective mechanism for law enforcement. The ECHR recognizes this protection against violence which mainly depends on three key issues: proof of an interference in the rights of the victim, proof that the state agency had the necessary knowledge of the interference, and proof that the state had failed to act as it should.

Keywords:   European Convention, human rights, torture, privacy, family, autonomy, vulnerability

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .