مقاله انگلیسی رایگان در مورد حقوق زنان حقوق انسانی نیست – وایلی 2019

THE DOMESTIC APPLICATION OF INTERNATIONAL HUMAN RIGHTS: WOMEN VICTIMS’ EXPERIENCES IN APPLICATIONS FOR CONTACT IN THE FAMILY COURTS IN ENGLAND AND WALES

THE RESEARCH PROJECT – DESCRIPTION, METHODOLOGY AND OUTCOMES

Experiences of abuse

Raising the abuse and fact-finding hearings

The use of human rights

Gender differences in the use of human rights

Judicial failures – keeping women safe

Judicial failures – discriminatory practices

THEORISING THE IMPACT OF HUMAN RIGHTS ON VICTIMS OF DOMESTIC ABUSE IN THE FAMILY COURTS – PERFORMATIVITY

Achieving performativity – the women’s movement and international human rights law

From the international to the local – non-performativity of the human rights of victims of domestic abuse in the family courts in England

INTRODUCTION

There are a number of definitions of domestic abuse in use across a variety of legal and policy contexts. Before embarking on any analysis concerning domestic abuse it is therefore important to set out which definition is to be employed. In England and Wales, there is currently no statutory definition of domestic violence,1 however, there is a non-statutory cross-government definition. It is:

any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality. This can encompass but is not limited to the following types of abuse: psychological; physical; sexual; financial; emotional.

Controlling behaviour is further defined as ‘a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour.’ Whereas coercive behaviour is ‘an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim.