When Women's Rights are Not Human Rights – the Non‐ Performativity of the Human Rights of Victims of Domestic Abuse within English Family Law

Abstract

AbstractA large proportion of child contact cases in England take place within a context of domestic abuse and significant risks to victims and their childrenq associated with post separation contact. The legal response has largely been inadequate and the potential impact of human rights law by the family courts has yet to be fully explored. This paper analyses an exploratory empirical research project undertaken in 2017/2018 with Women's Aid England and 72 victims of domestic abuse regarding their experiences of human rights law in the family courts. The results, theorised through the lens of performativity and against the context of international human rights law, reveal a high level of non‐ performativity with respect to the human rights of the participants. The paper concludes with recommendations and the implications the analysis holds for feminist organisations if they are to fully realise the human rights of the victims of domestic abuse.