Recently my house was robbed. I caught the robber and beat him until he was unconscious as I feared for the safety of my family. Will I be charged for this? Isn’t self-defence a human right?
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Answer by Kate Dodgson, Brisbane 4000 Qld
- Article 12 of the Universal Declaration of Human Rights (UDHR) states that “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.”
- This does not create a human right of self-defence.
- It only states that the law should protect people against such interference or attacks.
- Therefore it is a matter for the government to incorporate into legislation as they see fit.
- In Australia self-defence is included in state and federal criminal codes as a defence to criminal liability.
- The common law has contributed greatly in defining what constitutes appropriate self-defence.
- For assistance in this area you should contact an experienced criminal lawyer as your case is unlikely to raise international human rights issues.