- United Kingdom
Shazia CHOUDHRY
University of Oxford, Faculty of Law and Management, Faculty Member
Research Interests:
Research Interests:
ABSTRACT This chapter is concerned with the impact of the rights discourse on the issue of domestic violence and the gender implications that employing such a discourse entails. It will start with outlining how women’s organisations... more
ABSTRACT This chapter is concerned with the impact of the rights discourse on the issue of domestic violence and the gender implications that employing such a discourse entails. It will start with outlining how women’s organisations harnessed international human rights norms in order to produce international legislation designed to combat domestic violence and simultaneously introduce State responsibility, by way of due diligence mechanisms, in order to measure compliance with their obligations. A brief outline of human rights instruments at the regional and domestic level, the European Convention on Human Rights and the Human Rights Act 1998, will demonstrate how such instruments can and have been used by individual victims of domestic violence to enforce State compliance with their obligations under these instruments. The second part of the chapter examines the effectiveness of mandatory arrest and conviction policies as a means of State compliance with the positive obligations created by international human rights instruments. The pros and cons of these policies will also be examined from the feminist perspective and the implications that the adoption of such policies hold for women. The chapter will conclude with recommendations concerning the use of such policies in a manner which strikes the right balance between respecting the human rights of women, individuals and society as a whole.
Research Interests:
Research Interests:
Research Interests: Law and Political Science
Research Interests:
Research Interests:
Research Interests:
Research Interests:
This article presents empirical findings from a research study conducted by Women’s Aid Federation England and Queen Mary University of London looking at domestic abuse and the family courts. The study found that allegations of parental... more
This article presents empirical findings from a research study conducted by Women’s Aid Federation England and Queen Mary University of London looking at domestic abuse and the family courts. The study found that allegations of parental alienation were frequently being used during child arrangements proceedings to obscure and undermine allegations of domestic abuse. These findings are presented against a backdrop of a recent revival of ideas around alienation in the family court in England and Wales. The article highlights a growing body of evidence demonstrating the gendered assumptions underlying parental alienation as a concept, and argues that the concept should not be accepted without analysis and understanding of the harmful impact it has on survivors of domestic abuse and their children.
Research Interests:
Research Interests: Law and Political Science
... Contact Information. Julie Wallbank (Contact Author). University of Leeds ( email ) Leeds LS2 9JT United Kingdom. Shazia Choudhry. Queen Mary University of London, School of Law ( email ) Mile End Road London, London E1 4NS United... more
... Contact Information. Julie Wallbank (Contact Author). University of Leeds ( email ) Leeds LS2 9JT United Kingdom. Shazia Choudhry. Queen Mary University of London, School of Law ( email ) Mile End Road London, London E1 4NS United Kingdom. Jonathan JW Herring. ...
Research Interests:
Research Interests:
Research Interests:
Research Interests: Family Law and Medicine
Research Interests:
Research Interests:
This article provides an analysis of the incorporation of the welfare principle into the Children and Adoption Act 2002, within the context of Article 8 of the European Convention for the Protection of Human Rights and Fundamental... more
This article provides an analysis of the incorporation of the welfare principle into the Children and Adoption Act 2002, within the context of Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 as applied by the Human Rights Act 1998, in addition to an assessment of its compatibility. It also seeks to evaluate the current judicial and academic response to this suggested area of tension.
Research Interests:
Research Interests:
ABSTRACT This article argues that resistance to the Human Rights Act has built up in the context of disputes relating to children and that such resistance is founded in the attachment of the courts to the welfare or paramountcy principle... more
ABSTRACT This article argues that resistance to the Human Rights Act has built up in the context of disputes relating to children and that such resistance is founded in the attachment of the courts to the welfare or paramountcy principle as currently conceived-the principle that the child's welfare automatically prevails over the rights of other family members. It argues that the failure to take account of Convention arguments could only be a legitimate stance if there was no conflict between the demands of the welfare principle and those of the Convention guarantees, but that in fact the approach of the European Court of Human Rights differs considerably from that of the UK courts since it seeks to balance the rights of different family members. The article goes on to argue that, taking account of the Strasbourg stance and of the already established domestic recognition of the presumptive equality of competing qualified Convention rights, it is time to accept the adoption of a new model of judicial reasoning in the context of disputes over children-the 'parallel analysis' or 'ultimate balancing act'.
Research Interests:
Research Interests:
Research Interests:
Research Interests:
Research Interests:
Chapter 1: An introduction to the ECHR Chapter 2: The concepts of rights and welfare Chapter 3: Parenthood and parental rights Chapter 4: Children's rights Chapter 5: Disputes over the child's upbringing Chapter 6: The private... more
Chapter 1: An introduction to the ECHR Chapter 2: The concepts of rights and welfare Chapter 3: Parenthood and parental rights Chapter 4: Children's rights Chapter 5: Disputes over the child's upbringing Chapter 6: The private ordering of family disputes Chapter 7: Child Protection Chapter 8: Adoption Chapter 9: Domestic Violence Chapter 10: Marriage, Cohabitation and Civil Partnerships Chapter 11: Property Disputes between separating couples