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Judicial responses to violations of the emotional, physical, psychological and sexual integrity of the child.

Ross, Hamish

Authors

Hamish Ross

Abstract

This article examines the use of limitation laws in the context of civil law claims under English law and Scots law brought by adult claimants in relation to allegations of historical abuse in childhood. Using case law as a barometer of judicial attitudes towards such claimants and, by extension, towards the child victims of abuse themselves, differences in judicial approach between the two jurisdictions are critically assessed, entailing some weighing and evaluation of the argumentative coherence and persuasive force of the judicial decision-making in question. Key aspects of the discussion are framed in terms of recurrent issues that have arisen in relevant case law. The overall aim is to inform a wider debate about the success or failure of civil law mechanisms of redress in rendering justice to those whose right to emotional, physical, psychological or sexual integrity has been violated in childhood.

Journal Article Type Article
Publication Date May 31, 2019
Journal International journal of children's rights
Print ISSN 0927-5568
Electronic ISSN 1571-8182
Publisher Brill Academic Publishers
Peer Reviewed Peer Reviewed
Volume 27
Issue 2
Pages 373-409
Institution Citation ROSS, H. 2019. Judicial responses to violations of the emotional, physical, psychological and sexual integrity of the child. International journal of children's rights [online], 27(2), pages 373-409. Available from: https://doi.org/10.1163/15718182-02702004
DOI https://doi.org/10.1163/15718182-02702004
Keywords Tort; Delict; Personal injury; Civil limitation laws; Historical childhood abuse

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