In the present paper a research has been done on the essay ‘Can the Subaltern Speak’ by’ Gayatri Chakravorty Spivak’. It has been explained into much simpler language about what the author conveys for better understanding and further references. Also the criticism has been done by various critiques from various sources which is helpful from examination point of view. The paper has been divided into various contexts with an introduction and the conclusions. Also the references has been written that depicts the sources of criticism.

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Can the Subaltern Speak

1.1 The authors of the communication are R.I.H., born on 10 April 1971, and his wife, S.M.D., born on 15 April 1971. They present the communication on their own behalf and that of their four children, two of whom are minors: R.R.H., born on 1 January 2002, and M.R.H., born on 1 January 2003. The authors also have two adult children, Ri.R.H., born on 7 August 1996, and Ra.R.H., born on 3 April 1995.

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International covenant on civil and political rights

In the last few years, many countries have introduced laws combating the phenomenon colloquially known as ‘revenge porn’. While new laws criminalising this practice represent a positive step forwards, the legislative response has been piecemeal and typically focuses only on the practices of vengeful ex-partners. Drawing on Liz Kelly’s (Surviving sexual violence. Polity Press, Cambridge, 1988) pioneering work, we suggest that ‘revenge porn’ should be understood as just one form of a range of gendered, sexualised forms of abuse which have common characteristics, forming what we are conceptualising as the ‘continuum of image-based sexual abuse’. Further, we argue that image-based sexual abuse is on a continuum with other forms of sexual violence. We suggest that this twin approach may enable a more comprehensive legislative and policy response that, in turn, will better reflect the harms to victim-survivors and lead to more appropriate and effective educative and preventative strategies.

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Beyond ‘Revenge Porn’: The Continuum of Image-Based Sexual Abuse

This article explores the relationship between understandings of domestic violence and the child protection response drawing on material gathered in focus groups with workers who support mothers dealing with both domestic violence and child protection issues. The interviewees expressed concern that the dynamics of domestic violence are often misunderstood and inappropriately responded to by child protection workers. This article critically examines the interviewees' concerns and concludes that to properly protect children, it is crucial that child protection workers have a clear understanding of the dynamics of and issues related to domestic violence.

Mothers, Domestic Violence, and Child Protection

This article considers the implications for legal decision-making of one aspect of research on children's adjustment to parental separation: the significance for child well-being of maintaining a relationship with both parents, either by way of contact with a non-resident parent or by means of a shared (dual) residence arrangement (known in some jurisdictions as 'joint physical custody'). It is argued that policy-makers who have rejected recent calls for a statutory presumption of child/non-resident parent contact, or of equal division of a child's time between parents, have acted appropriately in the light of the research evidence.

Contact/Shared Residence and Child Well-Being: Research Evidence and its Implications for Legal Decision-Making

Chapter 1: An introduction to the ECHR Chapter 2: The concepts of rights and welfare Chapter 3: Parenthood and parental rights Chapter 4: Children's rights Chapter 5: Disputes over the child's upbringing Chapter 6: The private ordering of family disputes Chapter 7: Child Protection Chapter 8: Adoption Chapter 9: Domestic Violence Chapter 10: Marriage, Cohabitation and Civil Partnerships Chapter 11: Property Disputes between separating couples

European Human Rights and Family Law

This article argues that resistance to the Human Rights Act has built up in the context of disputes relating to children and that such resistance is founded in the attachment of the courts to the welfare or paramountcy principle as currently conceived-the principle that the child's welfare automatically prevails over the rights of other family members. It argues that the failure to take account of Conven- tion arguments could only be a legitimate stance if there was no conflict between the demands of the welfare principle and those of the Convention guarantees, but that in fact the approach of the European Court of Human Rights differs considerably from that of the UK courts since it seeks to balance the rights of different family members. The article goes on to argue that, taking account of the Strasbourg stance and of the already established domestic recognition of the presumptive equality of competing qualified Convention rights, it is time to accept the adoption of a new model of judicial reasoning in the context of disputes over children-the 'parallel analysis' or 'ultimate balancing act'.

Taking the rights of parents and children seriously : confronting the welfare principle under the Human Rights Act.

For too long human rights have been used to support a legal approach to domestic violence which is non-interventionist. This article discusses the ways in which human rights can be used to compel an approach to cases of domestic violence which requires state action to protect those harmed by domestic abuse. It argues that the state has an obligation to protect its citizens from torture, inhuman and degrading treatment and this obligation is heightened in respect of vulnerable adults and particularly children. Further, correctly understood, rights to respect for private and family life, rather than being a barrier to state intervention can be seen as justifying it.

Righting Domestic Violence

Righting domestic violence

There has been a widespread resurgence of rights talk in social and legal discourses pertaining to the regulation of family life, as well as an increase in the use of rights in family law cases, in the UK, the US, Canada and Australia. Rights, Gender and Family Law addresses the implications of these developments - and, in particular, the impact of rights-based approaches upon the idea of welfare and its practical application. There are now many areas of family law in which rights and welfare based approaches have been forced together. But whilst, to many, they are premised upon different ethics - respectively, of justice and of care - for others, they can nevertheless be reconciled. In this respect, a central concern is the 'gender-blind' character of rights-based approaches, and the ontological and practical consequences of their employment in the gendered context of the family. Rights, Gender and Family Law explores the tensions between rights-based and welfare-based approaches: explaining their differences and connections; considering whether, if at all, they are reconcilable; and addressing the extent to which they can advantage or disadvantage the interests of women, children and men. It may be that rights-based discourses will dominate family law, at least in the way that social policy and legislation respond to calls of equality of rights between mothers and fathers. This collection, however, argues that rights cannot be given centre-stage without thinking through the ramifications for gendered power-relations, and the welfare of children. It will be of interest to researchers and scholars working in the fields of family law, gender studies and social welfare.

Shazia Choudhry

Papers

European Human Rights and Family Law

Taking the rights of parents and children seriously : confronting the welfare principle under the Human Rights Act.

Righting Domestic Violence

Righting domestic violence

Rights, Gender and Family Law