Forced Marriage :Introducing a Social Justice and Human Rights Perspective ( 1 )

Publication subTitle :Introducing a Social Justice and Human Rights Perspective

Publication series :1

Author: Gill   Aisha;Anitha   Sundari;Erturk   Yakin  

Publisher: Zed Books‎

Publication year: 2011

E-ISBN: 9781848134645

P-ISBN(Paperback): 9781848134621

Subject: C913.68 Womens Issues;D44 妇女运动与组织

Keyword: 妇女运动与组织,妇女问题,工人、农民、青年、妇女运动与组织

Language: ENG

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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

References

Introduction: Framing forced marriage as a form of violence against women

A note on terminology

What is forced marriage?

Forced marriage and domestic legislation

Organisation of this book

Notes

References

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

Conclusion

Note

References

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

Conclusion

Notes

Cases cited

References

3 | The European Convention on Human Rights and the Human Rights Act 1998

Current legal redress

The use and development of international human rights

The European Convention on Human Rights and the Human Rights Act 1998

Article 3 of the ECHR

Article 8

Conclusions on the domestic enforcement of Convention rights – the HRA

Notes

Cases cited

References

4 | Border control to prevent forced marriages

My own position

The Scandinavian case

Disentangling immigration and women’s oppression

Conflating forced marriage and marriage immigration

Discussion

Suspect subjectivities

Suspect marriages

Conclusion

Notes

References

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

Conclusion

Note

References

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?

Conclusion

Notes

Cases cited

References

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

Conclusion

Notes

Cases cited

References

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?

Conclusion

Notes

Cases cited

References

9 | Constructing victims, construing credibility

Constructing victims

Construing credibility

Engineering silence

Conclusion

Notes

References

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

Conclusion

Notes

References

About the contributors

Index

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