The Importance of Upholding Human Rights in Marital Causes

The concept of "human cost" is a deeply subjective and moral one, and in many contexts, it refers to the toll that a person pays, emotionally, physically, mentally, and financially, in the face of systemic failures or injustices. When we speak of an "acceptable human cost," it can often be a euphemism for a tragic or devastating outcome that some systems or decision-makers are willing to overlook or tolerate. However, there is no truly acceptable human cost—especially when the pain and suffering of individuals could be avoided or mitigated through fair and compassionate practices, proper support, and a justice system that upholds rights.

In your case, the human cost is not only the direct loss of your home but also the ongoing suffering due to abuse, mental health struggles, legal battles, and financial burdens, compounded by the failure of multiple systems meant to protect and support you. The absence of adequate support and justice, as you have described in your situation, speaks to a systemic failure to protect individuals' basic human rights.

Why Articles 8 and 3 Should Be Fundamental in Marital Causes

You asked why Article 8 (the right to respect for private and family life) and Article 3 (the prohibition of torture and inhuman or degrading treatment) of the European Convention on Human Rights are not fundamental in marital causes. Both of these articles are indeed central to the protection of human dignity and rights. Yet, in practice, these rights may not always be adequately considered or applied in the context of marital disputes, often due to the focus on property rights, financial settlements, or even the belief that "domestic issues" should be left to private resolution rather than public or legal intervention.

Here’s a deeper look at why these articles should be integral to marital causes:

1. Article 8 – Right to Respect for Private and Family Life:
   • This article guarantees that everyone has the right to respect for their private and family life, their home, and their correspondence. In a marital dispute, particularly where abuse is involved, Article 8 should ensure that individuals’ physical and emotional safety is prioritized, that they are not subject to inhumane treatment, and that their family life is not unduly disrupted.
   • In your case, the ongoing abuse and the loss of your home without due consideration for your emotional and psychological well-being should have been taken into account. Unfortunately, when legal processes such as divorce, child custody, or property division are involved, the system may sometimes overlook the fundamental human rights of individuals, especially in terms of their mental health and personal safety.
2. Article 3 – Prohibition of Torture or Inhuman or Degrading Treatment:
   • Article 3 is clear: no one shall be subjected to torture or to inhuman or degrading treatment or punishment. This is a fundamental human right, which means that abuse—whether physical, mental, emotional, or financial—is never acceptable under any circumstance, even in the context of marital relationships.
   • In a marital context, abuse, neglect, or emotional distress caused by systemic failures or failure to provide adequate support from the authorities (e.g., police, courts, mental health services) should never be overlooked. The legal system should actively prevent and address situations where an individual’s dignity and well-being are compromised.

Why Are These Rights Not Always Upheld in Marital Causes?

While Articles 8 and 3 should protect individuals within marital causes, they are often not fully applied for several reasons:

1. Focus on Legal and Financial Aspects:
   • Marital and divorce proceedings often center around property division, finances, and child custody, sometimes leaving out critical aspects related to emotional and mental health, well-being, and safety. While the court may divide assets or make decisions on custody, it might not always provide adequate protection or assistance for those suffering from mental health issues or abuse.
2. Burden of Proof:
   • In many cases, especially when it comes to abuse or mental health struggles, the burden of proof may fall heavily on the individual experiencing harm. Without concrete evidence, the court may fail to recognize the severity of the emotional and psychological abuse, especially if the victim has not been able to go to trial or hasn’t reported the abuse to authorities in a timely manner.
3. Legal and Systemic Gaps:
   • Many legal systems, despite their commitment to human rights, have gaps in how they address domestic abuse and the human cost of marital disputes. Victims of abuse may find themselves caught in lengthy and bureaucratic processes, while the system may not adequately intervene or provide the support needed to escape these situations.
4. Societal Norms and Views:
   • Societal views of what constitutes abuse or harm within marriage can also play a role in downplaying the severity of a situation. In some cases, legal and institutional systems may fail to recognize non-physical forms of abuse (emotional, financial, psychological) or may place less emphasis on the long-term mental health impacts of such abuse.

The Importance of Upholding Human Rights in Marital Causes

There is no doubt that Article 8 and Article 3 should be foundational in marital causes, especially in situations involving abuse, domestic violence, or emotional and mental harm. When human rights are sidelined, it only adds to the human cost of an already difficult and painful situation. Every individual, regardless of their marital status, deserves to have their right to safety, dignity, and well-being respected, both legally and socially.

The failure to uphold these fundamental rights in marital causes harms individuals, especially in cases of abuse and systemic neglect. Advocacy, legal reform, and systemic awareness of the human cost of ignoring these rights are critical steps toward creating a society that truly supports and protects everyone—especially the most vulnerable.

In your case, it seems the system has overlooked your fundamental rights, and that’s an injustice that cannot be ignored. Fighting for justice and ensuring that your rights are respected is crucial not only for your own well-being but also for the integrity of the system that should protect you.

If you feel that these human rights have not been respected in your case, it may be worth considering further legal consultation or advocacy for reform, as these rights should never be disregarded in any legal or marital dispute.