Description
Forced Marriage: Introducing a social justice and human rights perspective brings together leading practitioners and researchers from the disciplines of criminology, sociology and law. Together the contributors provide an international, multi-disciplinary perspective that offers a compelling alternative to prevailing conceptualisations of the problem of forced marriage.
The volume examines advances in theoretical debates, analyses existing research and presents new evidence that challenges the cultural essentialism that often characterises efforts to explain, and even justify, this violation of womens rights. By locating forced marriage within broader debates on violence against women, social justice and human rights, the authors offer an intersectional perspective that can be used to inform both theory and practical efforts to address violence against diverse groups of women.
This unique book, which is informed by practitioner insights and academic research, is essential reading for practitioners and students of sociology, criminology, gender studies and law.
Chapter
Introduction: Framing forced marriage as a form of violence against women
Forced marriage and domestic legislation
Organisation of this book
PART 1 | Definitions, contexts and theoretical concepts
1 | Understanding forced marriage: definitions and realities
Forced marriage as a human rights issue
Forced marriage and multiculturalism
Forced marriage as violence against women
2 | Reconceptualising consent and coercion in forced marriage
Locating forced marriage within debates on violence against women
Forced marriage and the law in the UK
Understanding consent and coercion in forced marriage: from binaries to continuum
An intersectional approach to forced marriage
3 | The European Convention on Human Rights and the Human Rights Act 1998
The use and development of international human rights
The European Convention on Human Rights and the Human Rights Act 1998
Conclusions on the domestic enforcement of Convention rights – the HRA
4 | Border control to prevent forced marriages
Disentangling immigration and women’s oppression
Conflating forced marriage and marriage immigration
5 | The social construction of FM in media coverage and crime policy discourses
Problematisation and framing discourses
On culturalist understandings of forced marriage
From a cultural problem to the problematic culture
PART 2 | Policy and practice
6 | Forced marriage legislation in the UK: a critique
Definitions of forced marriage and legislative responses
The criminalisation debate and a civil remedy approach to FM
The Forced Marriage (Civil Protection) Act 2007
The limits of the current legal approaches to forced marriage
The implementation of the Forced Marriage (Civil Protection) Act
Beyond the law: what can be done to address forced marriage in the UK?
7 | The law, the courts and their effectiveness
The Forced Marriage (Civil Protection) Act and the Family Law Act
Forced marriage and nullity proceedings
Special measures and guidelines for change
8 | The role of the Muslim Arbitration Tribunal
Religion and access to justice
Arbitration and mediation: the historical context
The legal context of family mediation in Britain
The remit of religious courts under the Arbitration Act 1996
The Muslim Arbitration Tribunal and forced marriage
Should we mediate in cases of forced marriage?
9 | Constructing victims, construing credibility
10 | ‘Wayward girls and well-wisher parents’
The rights framework: constitutional and treaty norms
The legal framework: contradictions and concerns
Women’s right to personal liberty in decisions on marriage