International Obligations, Domestic Law, Financial Safeguarding Standards, and the Question of Implementation
By Samantha Avril-Andreassen
INTERNATIONAL OBLIGATIONS AND HUMAN RIGHTS FRAMEWORKS
The United Kingdom is party to, or has committed itself to, multiple international conventions, declarations, and human rights frameworks intended to prevent violence against women, safeguard victims of abuse, and ensure access to justice and protection.
These include:
Convention on the Elimination of All Forms of Discrimination Against Women
CEDAW and General Recommendation No. 35 recognise gender-based violence, including coercive control and economic abuse, as violations of human rights and discrimination against women. States are expected to:
prevent abuse,
investigate allegations,
provide effective protection,
ensure access to justice,
and provide appropriate remedies and support mechanisms.
United Nations Declaration on the Elimination of Violence Against Women
This declaration recognises physical, psychological, and economic harm as forms of violence against women and encourages states to implement effective legal, social, and protective measures.
Council of Europe Convention on preventing and combating violence against women and domestic violence
The Istanbul Convention recognises domestic abuse as extending beyond physical violence and includes psychological violence, coercive behaviour, and economic abuse within its broader safeguarding framework.
It places obligations upon states to:
exercise due diligence,
provide protection and support,
improve coordination between institutions,
and ensure effective remedies and safeguarding pathways.
The United Kingdom has committed itself to reducing and eliminating violence against women and girls, including forms of abuse occurring within domestic and intimate relationships.
European Convention on Human Rights
Relevant rights engaged in domestic abuse and safeguarding contexts may include:
These rights place positive obligations upon public authorities to safeguard vulnerable individuals and ensure fair and proportionate procedures.
UK DOMESTIC LAW AND SAFEGUARDING FRAMEWORKS
The Domestic Abuse Act 2021 provides a statutory definition of domestic abuse that includes:
coercive control,
emotional abuse,
psychological abuse,
and economic abuse.
The legislation reflects growing recognition that abuse often operates through patterns of behaviour rather than isolated incidents of physical violence.
The Family Law Act provides mechanisms through which courts may make occupation orders, non-molestation orders, and other protective arrangements in appropriate circumstances.
The welfare of the child is the court’s paramount consideration in proceedings relating to children.
Courts are expected to consider harm, welfare, and safeguarding concerns carefully when making decisions affecting children and families.
Financial Safeguarding Standards
The FCA Consumer Duty framework and the UK Finance Financial Abuse Code increasingly recognise:
financial abuse,
economic coercion,
vulnerability,
and the need for trauma-informed responses within financial services.
These frameworks encourage firms to:
identify vulnerability,
reduce foreseeable harm,
improve safeguarding responses,
and support individuals experiencing domestic and financial abuse.
Public authorities are subject to the Public Sector Equality Duty and are expected to have due regard to equality, fairness, and the protection of vulnerable individuals.
MY EXPERIENCE OF SYSTEMIC FAILURE
It is my position that despite the existence of these legal protections and safeguarding frameworks, the systems I encountered failed to operate cohesively or protectively in practice.
I allege that:
1. Coercive and Economic Abuse Were Insufficiently Recognised
Evidence relating to coercive control, financial restriction, and economic harm was, in my view, treated as secondary or minimised within proceedings.
I contend that patterns of abuse were not fully understood through the wider statutory and safeguarding lens now recognised in modern domestic abuse frameworks.
2. Financial and Housing Security Collapsed During Proceedings
I was left without meaningful financial stability, housing security, or effective safeguarding protection during and following proceedings.
I maintain that insufficient consideration was given to the wider impact of economic abuse, vulnerability, and long-term harm.
3. Court Processes Became Sources of Further Trauma
Repeated litigation, procedural complexity, financial pressure, and ongoing adversarial processes had severe psychological and emotional consequences.
I believe greater trauma-informed safeguards and participation protections were required.
4. Safeguarding Responses Appeared Fragmented
In my experience, communication and coordination between institutions, professionals, and safeguarding systems appeared inconsistent and disconnected.
This contributed to a broader sense of procedural instability and vulnerability.
5. Access to Effective Remedy Felt Limited
Despite ongoing concerns raised throughout proceedings, I experienced significant difficulty obtaining what I perceived to be meaningful review, accountability, or remedy.
CONCLUSION
This report does not argue that domestic abuse protections do not exist in law.
Rather, it raises a more serious question:
What happens when safeguarding systems exist on paper, yet vulnerable individuals experience fragmentation, inconsistency, procedural imbalance, or insufficient protection in practice?
The gap between legislative promise and lived experience remains one of the defining safeguarding challenges facing modern institutions.
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