A human right to legal aid? – The implications of changes to the legal aid scheme for victims of domestic abuse

Abstract

This article explores the extent to which the human rights of victims of domestic violence have been interfered with by the restrictions on legal aid introduced by Legal Aid, Sentencing and Punishment of Offenders Act 2012. It argues that in failing to ensure that victims of domestic abuse have access to legal advice and representation their rights to a fair trial under Article 6 of the European Convention on Human Rights have been breached. Further, requiring them to litigate in person against an abuser constitutes a breach of their rights to respect for their private life under Article 8. Further still, the state in not ensuring that victims of domestic abuse have effective representation in disputes over child arrangements orders is breaching its obligation to protect them from further violence under Article 8.