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Shazia Choudhry

Professor Shazia Choudhry

  • Shazia Choudhry

Shazia Choudhry is a Professor in the Faculty of Law and Tutorial Fellow in Law at Wadham College.

Law at Wadham

Shazia was appointed Academic Fellow of the Inner Temple from 2014-2017 and is now an Associate Academic Fellow. She was elected as an Academic Bencher in 2020.

Her research is focused on gender, human rights and violence against women and seeks to examine various dimensions of these areas from an interdisciplinary and feminist perspective. In doing so she employs doctrinal, theoretical and empirical methods.  Her scholarship sits at the interface of criminal law, public law (particularly human rights law) and family law.

Shazia has published three books. Her monograph (with Herring) European Human Rights and Family Law (Hart, 2010) provides a theoretically informed and detailed analysis of the impact of the ECHR and the HRA on the substantive areas of family law and was shortlisted for the Inner Temple Main Book Prize 2011.

She is also editor with Herring and Wallbank of Rights, Gender and Family Law (Routledge-Cavendish 2009) a collection which explores the links between gender and rights and editor with Herring of The Cambridge Companion to Comparative Family Law (Cambridge University Press 2019) a collection which explores the key questions and themes that have faced family law across a number of key jurisdictions. 

Her expertise and research interests is evidenced by her advisory work to Governmental bodies, voluntary organisations (Women’s Aid, from 2015), the Council of Europe, the UNFPA and ODIHR within the field of the human rights of women.  This also includes two appointments as Specialist Adviser to the Joint Parliamentary Committee on Human Rights (2014) and to the Joint Parliamentary Committee on the Draft Domestic Abuse Bill (2019) and undertaking commissioned research for the Ministry of Justice.  She is currently an expert member of the JUSTICE Working Party on Improving Access to Justice for Separating Families and provides expert evaluations for the European Commission within the field of gender-based violence. Her recent research on the issue of child contact and victims of domestic abuse has been drawn upon by members of the judiciary, members of Parliament, the Victims Commissioner and the Home Affairs (Parliamentary) Committee in its recent report on the proposed Domestic Abuse Bill 2018.

She is currently working on two externally funded projects.  The first, with Dr Philippa Williams (QMUL, Geography) as Joint PI, is a British Academy funded project under the Heritage, Dignity and Violence Call: ‘Surviving Violence: Everyday Resilience and Gender Justice in Rural-Urban India.' The multidisciplinary project will be conducted over a 21-month period and draws on civil society -academic partnerships in 3 key states in India.  It aims to address the gap between law, policy and access to support services and justice for domestic abuse victims in India and aims to inform evidence-based policy reform.

The second, as sole PI, is a two year project awarded major funding by the Oak Foundation: ‘The Family Justice Response to Allegations of Domestic Abuse: A Comparative European Analysis.’ Working with key stakeholders in the family justice system across six European Countries (England & Wales, France, Spain, Italy, Denmark and Bosnia & Herzegovina) it will analyse how applications for contact and residence are dealt with against the context of domestic abuse allegations. It aims to investigate key themes in the implementation of family law in this area within the context of state obligations towards victims of domestic abuse and inform law and policy responses where necessary.

Selected publications

Book – Authored

Choudhry and Herring, European Human Rights and Family Law – Hart Publishing (2010). Nominated and shortlisted for the Inner Temple Main Book Prize 2011

Books – Edited

S. Choudhry, J. Herring, The Cambridge Companion to Comparative Family Law (Eds) Cambridge University Press (2019)

S. Choudhry, J. Herring and J. Wallbank - Rights, Gender and Family Law - (Eds) - Routledge- Cavendish (2009)

Articles

‘'When Women's Rights are Not Human Rights - the Non-Performativity of the Human Rights of Victims of Domestic Abuse within English Family Law' Modern Law Review, (2019) 82: 1072-1106  

‘Conclusion: International Best Practices,’ (with Rosemary Hunter) Special issue of the Journal of Social Welfare and Family Law on Contact Disputes and Domestic Violence Vol 40 (4), 2018 

‘A human right to legal aid? – The implications of changes to the legal aid scheme for victims of domestic abuse,’ (With Jonathan Herring)Journal of Social Welfare and Family Law Vol. 39, Iss. 2, 2017 

‘Towards a Substantive/Transformative Conceptualisation of Violence against Women -A Critical Frame Analysis of Council of Europe Discourse’ Modern Law Review May, 2016 (Vol 79: 3) 

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

‘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  

‘Domestic Violence and the Human Rights Act 1998: A New Means of Legal Intervention?’ Public Law, (2006) Winter, 752-784, (co-authored with Jonathan Herring) 

‘Righting Domestic Violence’ International Journal of Law, Policy and the Family, (2006) 20: 1-25; (co-authored with Jonathan Herring). Also included in Ashgate Publishing’s Family, Law and Society series. The aim of the series “is to collect a wide range of important and influential essays in volumes drawn predominantly from English Language journals.”  

‘Clashing rights, the Welfare of the Child and the Human Rights Act 1998’ Oxford Journal of Legal Studies, (2005) 25: 453-492; (co-authored with Helen Fenwick).  

‘The Adoption and Children Act 2002, the welfare principle and the Human Rights Act 1998 - a missed opportunity?’ (2003) 15(2) Child and Family Law Quarterly, 119-138. 

‘'When Women's Rights are Not Human Rights - the Non-Performativity of the Human Rights of Victims of Domestic Abuse within English Family Law' Modern Law Review, (2019) 82: 1072-1106 

‘Conclusion: International Best Practices,’ (with Rosemary Hunter) Special issue of the Journal of Social Welfare and Family Law on Contact Disputes and Domestic Violence Vol 40 (4), 2018 

‘A human right to legal aid? – The implications of changes to the legal aid scheme for victims of domestic abuse,’ (With Jonathan Herring)Journal of Social Welfare and Family Law Vol. 39, Iss. 2, 2017 

‘Towards a Substantive/Transformative Conceptualisation of Violence against Women -A Critical Frame Analysis of Council of Europe Discourse’ Modern Law Review May, 2016 (Vol 79: 3)  

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

‘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  

‘Domestic Violence and the Human Rights Act 1998: A New Means of Legal Intervention?’ Public Law, (2006) Winter, 752-784, (co-authored with Jonathan Herring) 

‘Righting Domestic Violence’ International Journal of Law, Policy and the Family, (2006) 20: 1-25; (co-authored with Jonathan Herring). Also included in Ashgate Publishing’s Family, Law and Society series. The aim of the series “is to collect a wide range of important and influential essays in volumes drawn predominantly from English Language journals.”  

‘Clashing rights, the Welfare of the Child and the Human Rights Act 1998’ Oxford Journal of Legal Studies, (2005) 25: 453-492; (co-authored with Helen Fenwick).  

‘The Adoption and Children Act 2002, the welfare principle and the Human Rights Act 1998 - a missed opportunity?’ (2003) 15(2) Child and Family Law Quarterly, 119-138. 

Chapters

‘Salvesden v Riddell, A Commentary,‘(with A. McHarg and D. Nicholson) in  S. Cowan, C. Kennedy and V. Munro (eds) Scottish Feminist Judgments: Creating the Law From Outside In, Hart Publishing (2019) 

‘Opuz v Turkey,’ (with Jonathan Herring), in T. Lavers and L. Hudson (eds) Women’s Voices in International Law: the Feminist Legal Judgments Project, Hart Publishing (2019) 

Chapter: ‘Parental Responsibility and Corporal Punishment,’ in Great Debates in Parental Responsibility Yaksic and Gomez (Eds) Thomson Reuters Publishing (2017). 

‘A Commentary on Article 7 of the Charter of Fundamental Rights and Freedoms’ in The EU Charter of Fundamental Rights A Commentary Edited by Steve Peers, Tamara Hervey, Jeff Kenner and Angela Ward, Hart (2014), pp 183-222 

‘A Commentary on Article 9 of the Charter of Fundamental Rights and Freedoms’ in The EU Charter of Fundamental Rights A Commentary Edited by Steve Peers, Tamara Hervey, Jeff Kenner and Angela Ward, Hart (2014), pp 267-290 

‘Domestic Violence in Light of the European Court of Human Rights Case Law’ in "Minori e il nuovo diritto - Garanzie, diritti, responsabilità”, Elena Urso (Ed.), Firenze University Press, Firenze (2013) 

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

‘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. This collection brings together leading practitioners and researchers from the disciplines of criminology, sociology and law to provide an international, multi-disciplinary perspective.  

*‘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).  

‘Rights, Gender and Family Law’ in Rights, Gender and Family (As above) (2009).  Introductory chapter co-authored with Herring and Wallbank.  

‘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.  This chapter is part of a major collection of works by a number of highly respected family law scholars in the US, the UK, Ireland and Canada.  It is edited by Professor Martha Fineman, a leading, international authority on family law and feminist jurisprudence.  

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

Research Report

Joint Research Report with Women’s Aid England (2018), “What about my right not to be abused?” Domestic abuse, human rights and the family courts, available at: https://www.womensaid.org.uk/research-and-publications/domestic-abuse-human-rights-and-the-family-courts/