La répression de la violence familiale face au droit des victimes et des accusés à la vie de famille au Québec

Research Framework : Following several legislative reforms requiring domestic violence to be taken into account in decisions involving parental rights, this research analyzes how criminal, family, and youth courts in Quebec balance the repression of domestic violence with the right to family life.Objectives : The study aims to understand how the three jurisdictions reconcile the repression of domestic violence with the fundamental right of those involved in maintaining family life.Methodology : Based on liberal human rights theory, which posits that the right to family life can be restricted in the interest of fighting violence and protecting victims, this study uses a thematic framework to analyze a body of recent judicial decisions.Results : The study reveals the predominance of victim protection and offender control, to the detriment of in-depth consideration of the right to family life and individual autonomy. Case-based reasoning leads to inconsistencies and divergences between jurisdictions.Conclusions : The child’s best interests serve as the basis for justifying restrictions, sometimes total ones, on family ties, in light of the persistence of domestic violence, its negative impacts, its severity, and the offender’s failure to rehabilitate.Contribution : The study highlights the tensions between combating domestic violence, parental rights, and family continuity. It paves the way for reflection on the necessary harmonization of judicial practices.