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

Ross, Hamish

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.

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

• Journal Article Type: Article
• Acceptance Date: Jan 10, 2019
• Online Publication Date: May 10, 2019
• Publication Date: May 31, 2019
• Deposit Date: Feb 18, 2019
• Publicly Available Date: May 11, 2020
• 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
• DOI: https://doi.org/10.1163/15718182-02702004
• Keywords: Tort; Delict; Personal injury; Civil limitation laws; Historical childhood abuse
• Public URL: http://hdl.handle.net/10059/3304