Shazia Choudhry

Best Interests in the MCA 2005—What can Healthcare Law Learn from Family Law?

The ‘best interests’ standard is a highly seductive standard in English law. Not only does it appear to be fairly uncontroversial but it also presents as the most sensible, objective and ‘fair’ method of dealing with decision making on behalf of those who are perceived to be the most vulnerable within society. This article aims to provide a critical appraisal of how the standard has been applied within family law, to outline how the standard is to be applied within healthcare law and, finally, to assess the relevance of the family law experience of the best interests standard to the operation of the standards as envisaged by the MCA.

A human right to legal aid? – The implications of changes to the legal aid scheme for victims of domestic abuse

Abstract This article explores the extent to which the human rights of victims of domestic violence have been interfered with by the restrictions on legal aid introduced by Legal Aid, Sentencing and Punishment of Offenders Act 2012. It argues that in failing to ensure that victims of domestic abuse have access to legal advice and representation their rights to a fair trial under Article 6 of the European Convention on Human Rights have been breached. Further, requiring them to litigate in person against an abuser constitutes a breach of their rights to respect for their private life under Article 8. Further still, the state in not ensuring that victims of domestic abuse have effective representation in disputes over child arrangements orders is breaching its obligation to protect them from further violence under Article 8.

Towards a Transformative Conceptualisation of Violence Against Women - A Critical Frame Analysis of Council of Europe Discourse on Violence Against Women

Much academic attention has been devoted to violence against women (VAW) in Europe and research has focused on the mounting policy reform initiatives and capacity building strategies in the EU. Council of Europe initiatives in this area have, surprisingly, by contrast, remained under‐researched. This paper seeks to fill the gap in the literature by engaging in an examination and critique of the ways in which the Council of Europe has incorporated and framed VAW within various legal and policy initiatives. It will employ a methodology of critical frame analysis as theorised by the literature on social movements, and anti‐essentialist critiques within feminist literature to ask: how VAW is problematised; what solutions are offered; where they are located; to what extent they are gendered; and who has a voice in these policy and legal texts.

Conclusion: international best practices

ABSTRACT Three approaches presented at the International Symposium on Contact Disputes and Allegations of Domestic Violence – Identifying Best Practices offered the possibility of overcoming the limitations identified in the preceding papers in this special issue. A human rights framework, trauma-informed practice and integrated services taking a whole-of-family approach can all help to achieve cultural change in contact proceedings and to ensure the availability of the resources needed to address the issue of domestic abuse holistically. Four Australian initiatives are described as examples of trauma-informed practice and integrated services: Legally Assisted Family Dispute Resolution (LAFDR), the Family Safety Model (FSM), the Family Violence Courts Division of the Victorian Magistrates Court (FVCD), and the Family Advocacy and Support Service (FASS). FSM and LAFDR are out-of-court initiatives which aim to address a family’s abuse-related needs before they get to a court. The FVCD and FASS pick up families whose cases have entered the court system, and at that stage attempt to offer a wrap-around service which addresses both legal and non-legal needs. Lastly, the article describes the European human rights framework, which is designed to operate in cases which are ultimately adjudicated by a court.