The impact of the European Convention on Human Rights on UK family law : doctrine, theory and gender

Doctoral thesis English OPEN
Choudhry, Shazia
  • Subject: KD

My work in the field of the European Convention on Human Rights (ECHR) and domestic family law grew out of concern as to whether the so-called 'paramountcy principle' contained in the Children Act 1989 (CA 1989) was compatible with the ECHR as incorporated by the Human Rights Act 1998 (HRA). My first examination of its compatibility took place within the context of the extension of the paramountcy principle from private law children proceedings to public law adoption proceedings by the Adoption and Children Act 2002. This evolved into a larger and more detailed analysis with Professor Helen Fenwick, an expert in the field of human rights, of the compatibility of the principle in both private and public law proceedings under the CA 1989 within the broader context of the merits of adopting a rights-based approach to applications by parents under the act. This also examined in detail what I considered to be a great deal of sceptism about the adoption of a rights based approach and the possible reasons for it within the domestic family law field. After this, I was able to provide a detailed analysis of the merits of adopting a rights based approach to the issue of domestic violence with Professor Jonathan Herring in two further publications. All of these publications therefore form part of the body of work on which the PhD is based.
  • References (7)

    - - 'Best interests under the Mental Capacity Act 2007- What Can Healthcare Law Learn from Family Law?” (2008) 16 (3) 240-251 Journal of Health Care Analysis.

    - - 'Corporal Punishment and Parental Responsibility” in Responsible Parents and Parental Responsibility, edited by R.Probert, J. Herring and S.Gilmore (2009) Hart publishing.

    - - 'Clashing Rights and Welfare - A Return to a Rights Discourse in English Family Law?” - In What Is Right For Children: The Competing Paradigms of Religion and Human Rights, (Eds) Professor Martha Fineman, (2009) Ashgate.

    - - 'Mandatory Prosecution and Arrest as a Form of Compliance with Due Diligence Duties in Domestic Violence the Gender Implications,' in Rights, Gender and Family Law (Choudhry, Herring and Wallbank) Routledge - Cavendish (2009).

    - - 'Forced Marriage, the ECHR and the HRA,' in Forced Marriage: Introducing a social justice and human rights perspective: Zed Press (2011) Eds Gill and Anitha

    - - 'Contact, Domestic Violence and the ECHR,' Current Legal Issues, Oxford University Press (2012) Edited by Professor Michael Freeman, University College London

    - - 'Children in 'Care' After YL - The Ineffectiveness of Contract as a Means of Protecting the Vulnerable” Public Law. 2013, Jul, 519-537.

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